8/29/2023 0 Comments Secret camera recorder for androidCan you take out your phone and record the show? Yes and no, but mostly no. So you’re at the Phish concert and you are really digging the music. You cannot interfere with an arrest, trespass, ignore legitimate police orders intended to control a riot or other civil disturbance, or violate the private rights of any other person. It is crucial to note that this First Amendment right to record does NOT carry over into a right to interfere with the duties of the police, or to otherwise violate applicable laws. It is probable that the decisions already reached by four of the nation’s circuit courts would be persuasive in a similar case in an untested state, but that is not guaranteed. In other states and territories, the right to record government officials has not yet gone to the Federal judiciary for judgment. They also cover the US territories of the Northern Marianas Islands, Puerto Rico and Guam. Those courts cover the states of Alabama, Alaska, Arizona, California, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Massachusetts, Montana, Nevada, New Hampshire, Rhode Island, Washington, and Wisconsin. Four Federal circuit courts (First, Seventh, Ninth, and Eleventh) have explicitly found that there is a First Amendment right to record public officials in the course of their job. How about recording a police stop, or the conduct of public officials doing official business? Are you allowed to record it, and do you have to inform them of the recording? In general, yes you can record, and no you do not have to inform. Recording the Police or Other Public Officials In most states, advising of the recording is sufficient only a few places require that everyone involved actually explicitly consent to being recorded. Since that’s an almost impossibly vague rule, you should consider Hawaii a two-party state. In addition, Hawaii is usually a one-party state, but is a two-party state if the recording device is to be located in a private place. There are 11 states in which all parties must be informed of a recording – California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. That’s why the customer-service helpline always informs you that “calls may be recorded or monitored” – so that no matter what the legal regime is in your state, they are covered. In other states, recording is legal only if all parties in the conversation are informed that they are being recorded. This counts even if that person is the one making the recording. In some states (called one-party states) such a recording is legal if anyone in the conversation knows that it’s being recorded. Some of the law on this subject is fairly well-settled for example, can you legally record phone conversations or in-person conversations. We can explain some basic concepts, however. TechJunkie is not a legal advice site and cannot give you advice as to the specific legality of a particular act.
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