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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Fri 26 Mar 2010 16:00 
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I agree, and I have a question regarding the state I am in. In Virginia:

An individual can record or disclose wire, oral, or electronic communications to which he is a party, or if one party to the communication consents. Otherwise, it is a felony. Va. Code Ann. § 19.2-62.
A lawyer’s recording of a telephone conversation with the consent of one, but not all, parties to the conversation was found to be legal, though unethical, under Virginia law. U.S. v. Smallwood, 365 F.Supp.2d 689 (2005).
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).

So here is my question, "Does the subject to which you have all documents to take into custody (certified copy of bond, copy of warrant, contract from bondsman, and booking slip/arrest sheet) have a reasonable expectation of privacy if you are knocking on their door, identifying yourself CORRECTLY, and they are standing inside their house with the door open asking them to come with them for the FTA?".

Perhaps one of the more senior posters here can enlighten me on this. Seeing Scott's point about the Nixon tapes, I do see the other side of the coin, but how do they know I am recording if I am in jeans and a polo with a simple vest on?
My only concern is liability. What is to protect me from a non-compliant person from banging his head on the car or nearby wall and then telling LE it was me? It had nothing to do with a bat belt.... :oops:

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Fri 26 Mar 2010 18:54 
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Thats why it is best to have at least two people making the pickup. Also, as stated earlier, a female when picking up a female skip.

On the other hand, if you are going to use a recording device, turn it on, inform everyone in the area that you are recording the proceedings and leave it at that.

But, on the other other hand, what good will a hidden recorder do if your skip is in the back seat of the car and you are in the front facing forward?

Theres a lot to consider.


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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sat 27 Mar 2010 02:27 
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I was told that here in Tn. that a person can be recorded on video without consent but could not have audio with it.I could be wrong and i will admit i have not actually researched this extensively,I didnt feel the need as i am not planning on using video at all at the present time.I do use a digital audio recorder that i carry with me in my pocket.
and just a hint dont ever use one of those to prove to your wife that she was wrong and that she really did say what she says she didnt!! just not a good idea

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sat 27 Mar 2010 07:31 
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Quote:
I was told that here in Tn. that a person can be recorded on video without consent but could not have audio with it
Quote:
[quoteI do use a digital audio recorder that i carry with me in my pocket.


Do you not find these two statements contradictory? Logically, if it is not legal to have audio when you video tape, it would follow that it is not legal to just record audio. I do not know the TN statutes regarding this and am only responding to the information you provided.

Scott

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sat 27 Mar 2010 18:47 
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yes it does seem contradictory and like i said i havent exactly done a full investigation on the subject but i use my audio recorder which does not have video.Meaning i believe you can use one or the other Not both at the same time.Of course i will be studying the topic more thoroughly now and untill i do i believe i will just keep my trap shut on this topic so i dont make myself sound anymore ignorant than i already have.

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sun 28 Mar 2010 06:59 
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Jay
My intent was not to make you or anyone sound ignorant, but to instigate you to critical thinking.
When you peel the onion back, one must determine the validity of their own argument and be sufficiently able to defend it. It is more beneficial to defend your thought process among friends than in a court of law. Since you are from TN and a contributing member of this forum, I expect you to do the statute research and provide us with the codified law in your area, and therefore, demonstrate to everyone your ability to be an information resource and local expert that we would share case work with, should we have a defendant be in your area.

Scott

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"Leaders are like Eagles, you never see them in a flock, but one at a time"

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sun 28 Mar 2010 15:00 
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Scott,
I agree completely,I jumped the gun on my post and i will not be doing that on any further posts without fully researching my claim.
I didnt mean to say that you made me out to be ignorant,I did that fairly well myself!! and your response was taken with the utmost respect and gratitude.
Now I have found that TCA code 39-13-601 through 39-13-603 verifies my claim.My broken down version is that Tn. is a one part consent state.Meaning that the consent of at least one party to the conversation is required. all party need not consent, it is okay to record with the consent of one of the parties. It is also okay to record if the person making the recording is part of the conversation.
If the conversation is taking place out in the public there is no consent required as their is no "reasonable expectation" of privacy in a public area.
My original analysis was from a lawyer that i had known for some time and like i stated i never did a full investigation into the matter.I only took his word,I realise my mistake and now as most here have stated numerous times I have researched fully on my own.

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sun 28 Mar 2010 17:18 
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And now you are an expert on the matter from first hand review of the statute and no parroting somebody else's opinion. Trust, but verify!

Good work, now address the video because my curiosity is up :)

Scott

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R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
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301-392-1100 (fax)
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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Sun 28 Mar 2010 17:22 
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LOL . . . Jay . . . we await the results.

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 Post subject: Re: Questions & opinions on use of body video recorder
 Post Posted: Mon 29 Mar 2010 12:05 
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I would not say i was an expert on this just yet,only more informed.
Now the video on the other hand will have to be continued but I will get to the bottom of it shortly.

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Jay Crawford
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