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Fraud Charges. Malicious Damage. Murder and Manslaughter. The Wiretap Act protects communications that the individuals being recorded perceive as private.
Whether one perceives a conversation as private largely depends on the context. Where was the conversation taking place? Was it in private or in public? Suppose you were at a party having a conversation amidst a group of friends openly stating that you swindled your business partner in a deal. If someone happened to record this conversation, it would be admissible as evidence in court if your business partner initiated civil proceedings against you.
While you can get away with a lot more when capturing video footage without sound, adding an audio recording is a whole different ball game. If you start recording, the establishment reserves the right to sue you.
Federal laws also prohibit videotaping or photographing someone who is nude or engaging in any form of sexual activity in an area where they enjoy a reasonable expectation of privacy.
This includes a public bathroom stall or locker-rooms. This is in direct contravention of the federal Video Voyeurism Prevention Act and is punishable by a fine or imprisonment.
Yes, as stated above, you may record someone without their consent or knowledge AND be able to use it against them in court. In fact, this is one of the more useful ways to gain advantage in your case over the other party. For example, if the other person is talking to you in an aggressive or harsh tone, if they are hitting you, or saying something that is self-discriminating, recording them without notifying them can help bring justice, show the truth, and give you an advantage in court depending on the type of case you have.
In family law cases, it can help you get a disproportionate share of assets more on this to be discussed in other blogs , or help you get spousal support. In criminal cases, it can help exonerate criminal allegations against you, or if you are the victim, help arrest and convict the perpetrator. If you are going through a divorce, or are in a shaky relationship in which you think a divorce may come soon, having security cameras in the house is a smart idea.
The only way the police should interfere with a recording is if the person doing the recording is interfering with their ability to do their job. So you are correct, in your assessment of what I would say, it is perfectly legal to record the police when they are out in public doing their job, as long as you in no way are interfering with them.
The problem is that some police do not understand this. They take the law that says you cannot record someone who has a legal reasonable expectation of privacy, and they decide it applies to their specific circumstance. So we see people getting arrested.
So step back. And can I deal with that? Ashley: Conversely, you have police wearing body cams, so you have them recording people without their consent. You are percent correct. As long as the person is in public, as long as they do not have a reasonable expectation of privacy, these recordings are percent legal.
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