I meant to comment on this earlier --(IAAL but this is not legal advice -- see the disclaimer below) -- "Eavesdropping laws" vary from state to state. Some states allow "one party consent." Others require "two party consent." A good reference is the aclu's page at http://www.aclu.org/issues/cyber/phonelaw.html Even though the page specifically refers to telephone conversations, the statutes may also extend to the recording of any conversation, even when there is no intent that the conversation be private. Courts (and prosecutors) in some states are more protective of the right to record what you hear than courts in other states. Several years ago, the Illinois courts construed the statute as not prohibiting the recording of a conversation between a motorist and a police officer, even though the recording appeared contrary to the statute. The legislature responded by amending the statute to overrule the court decision. The moral of the story is that you should check the laws in your jurisdiction (lawyers are good for this, btw) if you are about to gargoyle the police. (Even if the lawyer is wrong, the fact you relied on the advice of counsel could be an important factor in trying to avoid a criminal prosecution.) Back to lurker mode. > > It recently became law in the U.S.A. for it to be ILLEGAL for the person > being stopped by the police to record the incident, whereas more and more > police cars now have video cameras to record the person being stopped, > which is only available to the police, not the defendant most likely.... > > There was a court case -in Massachusetts- which decided this. > > I'm unaware of any US-wide precedent. > > Can you cite caselaw to support this, please? The MA situation > is awful enough, but I don't think it applies nationwide, yet. ---------------- -ken Kenneth N. Flaxman | A Law Office!!!!! Kenneth N. Flaxman P.C. | Phone: (312) 427-3200 122 South Michigan Avenue | Fax: (312) 427-3930 Suite 1850 | Internet:Chicago, Illinois 60603-6107 | WEB: http://www.kenlaw.com This e-mail communication is offered for discussion purposes only and is not intended as and should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between the sender and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney. -- Subscription/unsubscription/info requests: send e-mail with subject of "subscribe", "unsubscribe", or "info" to
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