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1 posted on 06/15/2007 10:11:35 AM PDT by kiriath_jearim
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To: kiriath_jearim

How does wiretap law apply if you are a party to the conversation?


25 posted on 06/15/2007 10:23:11 AM PDT by webstersII
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To: kiriath_jearim

This law is an example of the creeping tyranny being brought against law abiding citizens. What’s the matter ... does LE have something to hid. This law should absolutely be overturned as UNCONSTITUTIONAL


26 posted on 06/15/2007 10:23:55 AM PDT by clamper1797 (Fred Thompson / Duncan Hunter in 2008)
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To: kiriath_jearim

I am coming to the point where I have nothing but contempt for for those in authority. Illegals are stealing the identities of those who work hard and play by the rules on a daily basis, with the complicity of illegal employers. And yet this kid faces a felony charge? El Presidente sleeps with a sitting Senator who recklessly took a life, and did not face the consequences that this kid is facing.


27 posted on 06/15/2007 10:24:55 AM PDT by Biblebelter (I can't believe people still watch TV with the sound on.)
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To: kiriath_jearim; dead; Eric in the Ozarks; dfwgator; E. Pluribus Unum; Principled; PGalt; ...

So, it appears that these police are concerned that there might be an acurate recording/account of what they do. Sounds like grounds for firing. Do public employees generally seek to evade accountability?


32 posted on 06/15/2007 10:27:57 AM PDT by ProCivitas (Northern nations need stronger identity, cultural coherence, and mutual allegiance.)
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To: kiriath_jearim

Another “videotaping” story from L.A.:

http://www.latimes.com/news/local/la-ex-beating15jun15,1,6165039.story?coll=la-headlines-california&ctrack=2&cset=true


38 posted on 06/15/2007 10:32:12 AM PDT by kiriath_jearim
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To: kiriath_jearim
sarc on.

Next thing you know local govt. will video/snap photos of folks driving through intersections allowing for tickets to be issued for running a red light. Try facing your accusor on that one... not gonna happen. Send us your $80-$200 fine please 'cause you're presumed guilty.

sarc. off.

40 posted on 06/15/2007 10:33:09 AM PDT by Trajan88 (www.bullittclub.com)
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To: kiriath_jearim
The defense should demand the officer's dash-cam footage and the accompanying wiretap warrant that allowed him to tape conversations with citizens.
41 posted on 06/15/2007 10:33:11 AM PDT by TChris (The Republican Party is merely the Democrat Party's "away" jersey - Vox Day)
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To: kiriath_jearim
I understand that if it was in public that the police shouldn't have any expectation of privacy. I need a lawyer to verify this for me.

My gut feeling leads me to believe that the Officer was up to something...or blew his audition for the next episode of Cops, maybe Reno 911 would be more appropriate


42 posted on 06/15/2007 10:33:16 AM PDT by darkwing104 (Let's get dangerous)
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To: kiriath_jearim; Squantos; sit-rep

These so-called “eavesdropping laws” (that say you can’t even record a conversation in which you are a party, if all other participants don’t consent) were passed by so-called “civil libertarians” (that is, ACLU types). The laws were stupid then, and are now coming back to bite them in the ass.

One commentator noted that under the Illinois “anti-eavesdropping” statute, someone could surreptitiously record their own murder, but the tape would be thrown out as evidence against the perps.

These laws need to be overturned now. They go way beyond the actual definition of eavesdropping. Any event that happens in public, or to which the person doing the recording is an invited participant, is fair game.

This kid needs to be released now and all charges dropped.


44 posted on 06/15/2007 10:34:04 AM PDT by Larry Lucido (Duncan Hunter 2008 (or Fred Thompson if he ever makes up his mind))
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To: kiriath_jearim

Looks to me like we have some embarassed cops and a DA who doesn’t want to offend them by tossing the case out. I would expect this to be dismissed at the preliminary hearing stage.

I am familiar with the Pa wiretapping statute and it is abundantly clear that anything that happens in a public setting, like a street, is fair game for video or audio recording.


48 posted on 06/15/2007 10:37:13 AM PDT by mak5
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To: kiriath_jearim
The police can stop you at random. Even if your tailight isn't broken, it will be by the time your car is impounded. There's your probable cause.

Once they have pulled you over they can handcuff you and put you in jail without charging you for an indeterminate period of time. You're not under arrest until they say you are. If you don't answer their questions, they can conveniently find a weapon or a baggie of meth on you when they search you.

When (not if) this happens, say goodbye to your watch, jewelry and any cash you have on you. You will never see them again, unless it's in a pawnshop. Good luck proving they're yours.

My town has a pawnshop next door to the police uniform shop. They can visit both in one stop.

49 posted on 06/15/2007 10:39:03 AM PDT by CholeraJoe ("You just killed a helicopter with a car!" "I know. I was out of bullets.")
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To: kiriath_jearim

Incidentally, this is a similar statute that was used agaist Linda Tripp. She allegedly “eavesdropped” on a conversation between herself and Monica by recording it instead of just memorizing it or taking notes. I think her case was dismissed, if I recall correctly.


52 posted on 06/15/2007 10:40:33 AM PDT by Larry Lucido (Duncan Hunter 2008 (or Fred Thompson if he ever makes up his mind))
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To: kiriath_jearim
Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate. "I don't believe there was any underlying criminal intent here," he said.

Then why is your department dragging him to court???

57 posted on 06/15/2007 10:45:31 AM PDT by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
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To: kiriath_jearim

traffic cops are useless. If they’re out busting kids for seeds and stems, they’re doing this crap. 6 or 7 cops responded? Now there’s a cost effective use of taxpayer dollars. I feel safer already


59 posted on 06/15/2007 10:49:12 AM PDT by sfvgto (is Marion Barry a democrat?)
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To: kiriath_jearim
The law technically bans the intentional recording of any oral conversation without permission.

The clear question here is WHO'S PERMISSION? Generally, in most states, permission may be granted by either single party involved in the conversation and since he was riding in the truck at the time, one has to wonder ...? Off the top, it sounds a lot like the officer got torqued for some reason (maybe not even because of this stop) and desired not to be taped. Once the ball starts rolling officially, it gets hard to stop and at some point an 'official' reason has to be attached. It will be interesting to see how this eventually turns out.

60 posted on 06/15/2007 10:51:22 AM PDT by SES1066 (Cycling to conserve, Conservative to save, Saving to Retire, will Retire to Cycle.)
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To: kiriath_jearim
Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate.

For whom, your police department and the prosecutor?

I'd be retaining some top gun defense attorney here.

The arrogance of government authority here is punitive.

62 posted on 06/15/2007 10:53:00 AM PDT by dragnet2
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To: kiriath_jearim

“Who watches ‘The Watchers’ ?”

Indeed.


63 posted on 06/15/2007 10:55:38 AM PDT by SJSAMPLE
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To: kiriath_jearim
"I don't believe there was any underlying criminal intent here," he said.

Then there's no need to file charges, is there.

65 posted on 06/15/2007 10:56:31 AM PDT by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: kiriath_jearim

where is the ACLU on this?

......Crickets Chirping


66 posted on 06/15/2007 11:00:15 AM PDT by Charlespg (Peace= When we trod the ruins of Mecca and Medina under our infidel boots.)
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To: kiriath_jearim

“The law technically bans the intentional recording of any oral conversation without permission.”

What law? Is that a federal law? A state law? Some sort of municipal ordinance? Really. Does anyone know?


67 posted on 06/15/2007 11:05:41 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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