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California is a may issue state, the sheriff's office can decline to issue a permit for any reason. Soliciting the bribe is illegal for other reasons, but faili
by kec 6y ago
California is a may issue state, the sheriff's office can decline to issue a permit for any reason. Soliciting the bribe is illegal for other reasons, but failing to issue the permit is not a rights violation under California law.
- giantg2 6y ago...any legal reason... Actually, denying the permit via an illegal action (requesting a bribe) is not a lawful denial and would result in the violation of your equal protection rights.
- btilly 6y agoThey do not have to provide the reason. Does it matter if the real reason is illegal?
- giantg2 6y agoIf they solicit a bribe, one would reasonably assume that a failure to pay would result in a denial. If you have a recording of that, then you could provide probable cause that it was illegal. If you weren't propositioned with a bribe, then true, it wouldn't be apparent why you were denied.
- cgriswald 6y agoCalifornia is a two-party consent state. It's safe to assume a LEO soliciting a bribe would not also consent to having that solicitation recorded. So the only way you are getting that recording is illegally. Depending on how you record them, you could be facing several charges yourself and there's no guarantee that anything will come of it for a variety of reasons. You might even be caught doing it, which could be disastrous. In short, it's a pretty big gamble.
- giantg2 6y agoTwo party consent doesn't matter here. The federal courts have consistently upheld that it is one's first ammendment right to record public officials in the performance of their duties. As a member of the public, you are permitted to record your interactions with police. Now, could it still end badly? Sure. If they are willing to break the law for a bribe, then why not take it further if they find out you are recording.
- btilly 6y agoLocal police have been noticeably resistant to rules allowing recording. A large fraction of the civil rights violations documented by Amnesty International against BLM protestors were exactly against people who were only recording what was going on. Therefore no matter how much you might be within the right, I would personally not be willing to record the police unless it was under the direction of another police force that was ready to barge in.
- giantg2 6y agoWell, you do it without their knowledge of course. Cellphone in pocket for audio, etc. When dealing with corrupt people, secrecy is paramount.
- btilly 6y agoAnd now they just claim that it wasn't them in the recording. The concealment doesn't exactly help audio quality.
- giantg2 6y agoIf we're going down that rabbit hole... then it's all tyranny and should be torn down and rebuilt to fit the rule of law.
- o-__-o 6y agoSecret recording protip: get the target to identify themselves in a unique manner. Such as affirmative responses when called by their name and nickname. A certain action others can corroborate such as a triple high pitched sneeze. Or sounds that are unique to them such as a cell phone text message chime. Combine the above for maximum impact. Present this to a lawyer and watch them work their magic. Good luck!