Friday 08 November Charles Bronson film premiere tape sparks prison security row The makers of a film about notorious prisoner Charles Bronson have been accused of breaching prison security rules after a tape of the notorious criminal was played at the London premiere.
At the end of the recording he joked: "I'll see you at the Oscar awards. Somebody has obviously abused their privilege.
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You would certainly hope that by telling the officer you are recording everything that is going on it would mean that the police officer would not violate your constitutional rights. On the other hand, many police officers will get upset and likely act unprofessional when you inform them you are tape recording them.
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The Hawthorne man found out the hard way that if you exercise your legal rights you might find yourself in jail. Even if the charges are dismissed against you that does not erase your time in jail. However, the consequences of doing so have to be taken into consideration. If you are stopped by an officer, be cooperative, and document to the extent possible, everything the officer does or requests of you. Continuing this same example, note that the man's actions would violate the eavesdropping statute assuming he didn't have permission to make the recording because he was not a participant in the hypothetical conversation.
But this violation would not keep the recording out of court. Nevertheless, if a prosecutor wanted to press charges, the man could be subject to criminal liability. And if the ex-wife was so inclined, she could file a civil lawsuit against the man and ask for an injunction and monetary damages. Other Law: Is the eavesdropping statute the only law you need to worry about before recording all of your conversations?
The short answer: No, don't hit record just yet. Even if you comply with the eavesdropping statute, there are still other potential pitfalls to be aware of.
Johnny Cash’s ‘At Folsom Prison’ at 50: An Oral History
For instance, wiretapping laws govern the recording and interception of telephone calls and electronic communications, and carry criminal penalties. For inter-state phone calls, the laws of other states will come into play as well. And depending on the means you use to obtain a recording and what you do with the recording once you have it, you risk incurring civil liability for a variety of privacy torts, such as intrusion upon seclusion or public disclosure of private facts.
The safest route is to always get permission from everyone involved before recording a conversation or sharing a recorded conversation with anyone.
If that's not an option, consult with a lawyer who has had an opportunity to consider all of the facts involved in your case. Gray, Mich. Bob Maxey Lincoln Mercury, No.
Court Says It's Okay To Secretly Record Conversation If Done For Legitimate Reasons | Techdirt
Evidence and Admissibility: Can I use a recorded conversation in court? This raises the question: If a regular civilian obtains evidence by recording a conversation in violation of the eavesdropping statute, is that evidence automatically excluded from court proceedings?
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