Recording Traffic Stops?

Rossim22

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Is it legal for me to record the traffic stop with my phone and use it later in court? Would I have to declare that I'm recording him or can I do it without his knowledge/consent? I feel this would help protect me and be valuable for my lawyer to have the actual conversation.
 

Outlaw99

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some states have made it illegal to record police officers. period. might want to check your states laws.
 

RDJ

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Is it legal for me to record the traffic stop with my phone and use it later in court? Would I have to declare that I'm recording him or can I do it without his knowledge/consent? I feel this would help protect me and be valuable for my lawyer to have the actual conversation.
do a Search. the donut shop has a number of posts regarding this very subject and IIRC several that are specific to florida
 

NyteByte

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I remember reading about several state Supreme Court decisions affirming that recording the police in a public place is legal (a quick Web search reveals this). But is it legal to record the police during a traffic stop where YOU'RE the one being stopped?

Can't immediately find any info on this. More research is needed.

Edit: Apparently in the more un-free communist states, such as IL and MA, it's illegal to record the police even in public. Better be careful.

Link: http://www.slate.com/articles/news_...ous_illinois_law_that_makes_it_a_felony_.html
 
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svtcop

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RDJ

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I'm still trying to figure out what value the recording will have in court. Not like he's gonna be found not guilty of speeding based on a traffic stop conversation recorded on a cell phone. :shrug:
. Yeppers my bet is on the intentional provocation of the cop for the purpose of embarrassment. Usually it does not end well for the person doing the recording
 

VirtualSVT

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You are in public so there is no presumption of privacy...or that's how it should be.

But

The 11th Circuit Court of Appeals in Migut v. Flynn 131 Fed.Appx. 262 (2005), held that just because a traffic stop takes place on a public street does not mean that the police officer's communication is not protected under § 934.03 and whether a particular communication is protected under § 934.03(1)(a) is an intensely fact-specific inquiry, and we are not prepared to hold that the Florida legislature intended to exclude from the protections of § 934.03 all citizen communications with all police officers during all traffic stops on a public street.

source:

[ame=http://www.expertlaw.com/forums/showthread.php?t=116521]Is it Against the Law to Film a Police Officer[/ame]
 

Beerdog80

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Is it legal for me to record the traffic stop with my phone and use it later in court? Would I have to declare that I'm recording him or can I do it without his knowledge/consent? I feel this would help protect me and be valuable for my lawyer to have the actual conversation.

More importantly, are you planning on doing something stupid to attract LEO attention?
 

svtcop

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You could always ask the Officer when he/she approaches your car if you can record the interaction.
 

cohhbra

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You could always ask the Officer when he/she approaches your car if you can record the interaction.
Just to let the OP know, asking isn't the best way considering a police officer is legally allowed to lie to you, not make false stories, but if it was legal to record he could tell you it isn't, legally. My suggestion would be to just set your camera up and not say anything about it and if the officer asks if you're recording, you don't have to answer that as you have the right to keep silent at any time.
 
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silver03svt

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Just to let the OP know, asking isn't the best way considering a police officer is legally allowed to lie to you, not make false stories, but if it was legal to record he could tell you it isn't, legally. My suggestion would be to just set your camera up and not say anything about it and if the officer asks if you're recording, you don't have to answer that as you have the right to keep silent at any time.

I see you're in another thread spewing mpre garbage. OP, check your states laws. As an LEO, I would have no problem with somebody recording me making a traffic stop on them. VA has no law prohibiting the recording of LEO's in the course of their duties.
 

FordSVTFan

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Is it legal for me to record the traffic stop with my phone and use it later in court? Would I have to declare that I'm recording him or can I do it without his knowledge/consent? I feel this would help protect me and be valuable for my lawyer to have the actual conversation.

Florida is a two party state. Without notifying the other party you are subject to both Federal and State criminal charges, both felonies.

Why would the conversation be valuable for your lawyer?
 

FordSVTFan

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Just to let the OP know, asking isn't the best way considering a police officer is legally allowed to lie to you, not make false stories, but if it was legal to record he could tell you it isn't, legally. My suggestion would be to just set your camera up and not say anything about it and if the officer asks if you're recording, you don't have to answer that as you have the right to keep silent at any time.

Good job helping the OP to land a felony. You clearly dont know what you are talking about.
 

svtcop

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Just to let the OP know, asking isn't the best way considering a police officer is legally allowed to lie to you, not make false stories, but if it was legal to record he could tell you it isn't, legally. My suggestion would be to just set your camera up and not say anything about it and if the officer asks if you're recording, you don't have to answer that as you have the right to keep silent at any time.

:facepalm:

Good job helping the OP to land a felony. You clearly dont know what you are talking about.

Not the first time this guy's drivel has infected the svtp threads, probably won't be the last.
 

Iceman II

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Yea, there are a lot of knuckle heads coming on here giving poor advice. I have a problem with someone holding an object when I may not recognize what it is. They will have a 357 pointed at their face. That is until i defuse the threat.
Once I clear it then I can move forward.
 

cohhbra

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The Supreme Court has ruled that police officers are allowed to lie to you. "If you don't tell me what going on you're going to jail", I've heard that, I didn't say anything in response and guess what, I walked away. The police are allow to say things like we have evidence even when they don't or we have witnesses even when they don't to obtain confessions or any statements they so choose they want. As for my drivel, everything I told in my last thread was true, that cop broke a law to enforce a law, that's why it got you flustered.
 

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