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The DoJ has recently ruled that recording the police is a constitutionally protected right. If you want, you could record the K9 unit outside your car. If anyth
by Locke1689 14y ago
The DoJ has recently ruled that recording the police is a constitutionally protected right. If you want, you could record the K9 unit outside your car. If anything improper happens, this is cause to throw out the evidence in court.
Of course, if the dog finds drugs because there are drugs in your car... well, don't carry drugs in your car.
- tptacek 14y agoKnow of course that the DoJ can rule whatever it wants; the DoJ does not have total authority over state prosecutors. Recording the police in states that don't condone it can still get you in a lot of trouble.
- Locke1689 14y agoDefinitely true, but it appears like the DoJ opinions are viewed as strong suggestions to local law enforcement. I guess the question is whether you want to risk fighting a case which you will probably win.
- thaumaturgy 14y agoIt's difficult to record the police if you're handcuffed and sitting on the hood of their cruiser, which they have the right to do for just about any reason. Whether this actually happens or not seems to depend mostly on the officer -- some are really cool about it, some are really not.
- Locke1689 14y agoWhat's the case law on this? I thought they were only allowed to cuff suspects in custody, not simply being detained.
- thaumaturgy 14y agoI am not an attorney; it would be stupid of me to speculate further (and stupid of you to listen to me :-). Here's a for-instance though: http://abcnews.go.com/blogs/headlines/2012/06/police-stop-handcuff-every-adult-at-intersection-in-search-for-bank-robber/ http://abcnews.go.com/blogs/headlines/2012/06/police-stop-ha...
- tptacek 14y agoThey can cuff you any time they feel it's warranted by concerns over their physical safety, the safety of others, or the need to judge the situation (ie, they may be detaining you now with the expectation of formally arresting you 3 minutes from now).