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  #21  
Old 05-03-2009
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I would advise you to check with you local laws before recording anyone. Here in Ma we have to inform the other person they are being audio recorded. Or it is a felony. Just be careful.
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  #22  
Old 05-03-2009
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This is what I do when people want to open their mouths, and basically bury themselves...

Advise them of their miranda rights. Seriously! And make sure when you right a report on the incident, you put that in there that you did advise them of their right to not speak to you. It is amazing what people will say to the lowly dogcatcher that they will not say to a cop. Since they are not being placed under arrest, I did modify this a bit...Usually something like this:

"Sir or ma'am, I must advise you that you do have the right to remain silent and not answer any of my questions, but if you choose to do so, anything you say will possibly be used against you in court. You may choose to stop answering my questions at any time. Do you understand your rights?"

I remember being told to do this in either NACA I or II...but it works! Kinda helps to eliminate some problems coming up in court.

You also should advise the citizen that you are recording them...my experience is that the belligerents will typically not care and will continue to verbally shoot themselves in the foot.
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  #23  
Old 05-03-2009
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I'll have to talk to my supervirsor about the recorder. I'm sure it'll get approved, the ACO carries one on his duty belt.

ChicagoACOSupervisor,
I like that idea, I have to write that down in my field notebook. Thanks for posting it!
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  #24  
Old 05-03-2009
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Yeah its a felony here too:

632 PC: CONFIDENTIAL COMMUNICATION:
Eavesdrop or record intentionally with out the consent of all parties by an electronic amplifying or recording device, when conversing in the presence of one another, or by telephone, telegraph, or other device, except a radio.
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Old 05-03-2009
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I forgot to add WHY we should read Miranda to a suspect..owner...etc...

The fifth amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture.

So....go ahead and use it!
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Old 05-03-2009
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http://www.rcfp.org/taping/

http://www.rcfp.org/taping/states.html

The voice recorder I use is saving my booty when it comes to complaints. The LT. gets a call that I was an a-hole, picking on them and just being Satan cause I cited em and/or took their dog. Then she hears my side of the story, hears the conversation where the DO threaten me and my family, I win the battle. Thank you voice recorder!

Cheers, Scooterchic
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Old 05-03-2009
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Thanks for all the help, I am sure the recorder is a life saver. What brand do you guys have? I know somebody said they use the Olympus recorder...
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  #28  
Old 05-04-2009
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Quote:
Originally Posted by AC626 View Post
Yeah its a felony here too:

632 PC: CONFIDENTIAL COMMUNICATION:
Eavesdrop or record intentionally with out the consent of all parties by an electronic amplifying or recording device, when conversing in the presence of one another, or by telephone, telegraph, or other device, except a radio.
I know I’ve brought this up before, but virtually every cop has a dash cam these days, and a wire less mic on their duty belt. According to that law, on any traffic stop the officer would have o advise the driver that they are being recorded, and if the driver objected, they would have to turn off the recorder. If they didn’t, and everything went wrong and the officer was injured or killed, then the tape would not be admissible as evidence because it was obtained illegally.

Also, 911 calls are recorded, does that mean your 911 operators have to state “911, this call is being recorded, please state your emergency”? Surely there is some kind of exemption for law enforcement.
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  #29  
Old 05-04-2009
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In AZ, you can record a converstion as long as one person is aware that an audio recorder is being used. This includes the person recording, so i dont have to warn the other person or persons that I am recording.
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  #30  
Old 05-05-2009
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Quote:
Originally Posted by jsuper View Post
I purchased my recorder at bestbuy and got the extanded insurance plan. I love this recorder because i can just plug it in to any USB and down load the files with no cords. Plus there is no additional software programs needed to down load, all files are downloaded as in windows media player. I payed about 95.00 bones for it.

Olympus WS-210S Digital Voice Recorder
Do you use a mic or just set it on the table/hood/whatever?
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