Author Topic: Video/Audio Recording Police during a stop  (Read 4727 times)

0 Members and 1 Guest are viewing this topic.

Offline emcee101

  • Posts: 20
Video/Audio Recording Police during a stop
« on: July 06, 2012, 11:24:48 PM »
So I have sen a few videos lately of people stopped simply for open carry, and I think they are a good tool (if the situation is handled correctly) to inform those that may not know how to handle this situation. My question is this: In Michigan, what are the laws and concerns in regards to recording if I am in this situation. I have seen several discussions on here about it being a good idea to always carry a audio recorder (which I do) but if I want to use my iphone to video record if I am stopped for open carry, is it legal, and do I have to inform the cop? get their consent?

Thanks in advance for the info, carry on!
"That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free State..."

- George Mason

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Video/Audio Recording Police during a stop
« Reply #1 on: July 07, 2012, 01:33:48 AM »
You're always legal to record a cop's official duty in Michigan -- disclosure of the fact that you are recording is entirely up to you -- I wouldn't unless I'm using Qik (iPhone app) live upload -- "juicy" recordings tend to get snatched otherwise.

Consider getting a dedicated recorder that is always on. Sometimes things go down hill faster than you can start recording.

Aside from cops, you may record any convo you are a party of or anywhere a person doesn't have a reasonable expectation of privacy. Generally while. "in public", there is no "reasonable expectation of privacy".
« Last Edit: July 07, 2012, 01:40:41 AM by TheQ »
I Am Not A Lawyer (nor a gunsmith).

Offline Shadow Bear

  • Dark Lord of the Internet
  • MOC Member
  • *
  • Posts: 511
  • Human Rights Activist
Re: Video/Audio Recording Police during a stop
« Reply #2 on: July 07, 2012, 04:30:13 PM »
You're always legal to record a cop's official duty in Michigan -- disclosure of the fact that you are recording is entirely up to you -- I wouldn't unless I'm using Qik (iPhone app) live upload -- "juicy" recordings tend to get snatched otherwise.

Consider getting a dedicated recorder that is always on. Sometimes things go down hill faster than you can start recording.

Aside from cops, you may record any convo you are a party of or anywhere a person doesn't have a reasonable expectation of privacy. Generally while. "in public", there is no "reasonable expectation of privacy".

Agreed- ALWAYS record, from the moment you strap one on, until you put it away.

There are several good, inexpensive recorders that will record continuously for 20-30 hours with good quality. Look for one with built in USB capability; it makes it much easier to save your recordings to a computer.

I save them all, including the uneventful ones. Perhaps I'm a touch over cautious, some might say paranoid, BUT, nothing shows that nothing happened like a recording of a normal conversation. I'm always a little concerned that someone may 'embellish' an otherwise simple encounter to further some agenda.

Essentially, you may record any conversation you are party to, even if you are not an active participant. Read up on the laws here: http://www.citmedialaw.org/legal-guide/michigan-recording-law

There are a number of threads on preferred recorders on various open carry websites. Here's one example:
http://forum.opencarry.org/forums/showthread.php?44913-Voice-Recorder&highlight=recorder

And, above all, welcome to MOC!
Its not GUN rights, its HUMAN rights.

Offline emcee101

  • Posts: 20
Re: Video/Audio Recording Police during a stop
« Reply #3 on: July 08, 2012, 09:55:06 PM »
Thanks for the info Q and Shadow Bear, much appreciated. Thanks for the welcome as well!
"That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free State..."

- George Mason