Quote:
Originally Posted by nhgunnut
Unauthorized recording of audio without a warrant is a Federal not a state offense. It appears that the state prosecutor is using this fact to bully this guy.
This in fact means if you use your cell phone to capture audio without the consent of another you can be prosecuted. The fact that it was spontaneous meaning that no plan was made to record the officer and if no threat was made based on the existence of the recording meaning "Drop the Charge or I release the recording" conviction is unlikely.
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How is that charge possible? That is, in Texas it is legal to record any conversation as long as at least one party is aware. What you're saying.... this could trump that?
Kaneman, I'm in your camp on this.
04-12-2010, 10:15 PM
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