Voice recorder = FELONY in Pa

[AxiTech]

I have been carrying a voice recorder and I know I have heard several others say they are using them. I mentioned my carrying one to a trusted and extremely knowledgeable friend. His response was ,"GET RID OF IT". Pa's regulations on this EXCEED the stringent federal wire tap statutes. Pa has the most strict laws of all the states regarding "voice capture". My friend is not a lawyer, but I trust him implicitly when it comes to matters of law. Just a heads up. I know I did hear somewhere, possibly read it here, about somebody getting charged with a felony for recording a police encounter.

[Damage control]

Posting for updates.


DC

[LittleRedToyota]

Originally Posted by AxiTech

I have been carrying a voice recorder and I know I have heard several others say they are using them. I mentioned my carrying one to a trusted and extremely knowledgeable friend. His response was ,"GET RID OF IT". Pa's regulations on this EXCEED the stringent federal wire tap statutes. Pa has the most strict laws of all the states regarding "voice capture". My friend is not a lawyer, but I trust him implicitly when it comes to matters of law. Just a heads up. I know I did hear somewhere, possibly read it here, about somebody getting charged with a felony for recording a police encounter.

PA is a two-party consent state with regard to audio recording. depending on the situation, it can, indeed, be a felony to audio record someone, even in public, without their knowledge. (the standard is an expectation of non-interception, not just an expectation of privacy.)

video recording is OK, though.

there have been a few threads about it here on PAFOA. if you do a search, you will prolly find them.

[Scallywag]

Wow. That would never have even crossed my mind.

[Dredly]

as long as you disclose that you are recording the person you are good to go I believe.

[LittleRedToyota]

Originally Posted by Dredly

as long as you disclose that you are recording the person you are good to go I believe.

yes. it is only an issue if you audio record them without their knowledge.

[Agent Smith]

Here is the statute:

18 Pa. Cons. Stat. §§ 5703, 5704: It is a felony to intercept any wire, oral or electronic communication without the consent of all participants. It also is a felony to disclose or use the contents of a communication when there is reason to know those contents were obtained through an illegal interception.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," 18 Pa. Cons. Stat. § 5702.

This law does not apply to recording a police encounter because a police officer is not someone who would have a reasonable expectation of privacy.

[Dredly]

Originally Posted by Agent Smith

Here is the statute:



This law does not apply to recording a police encounter because a police officer is not someone who would have a reasonable expectation of privacy.

especially considering the whole thing is recorded by their dash cam anyway

[shefearsnothing]

This law does not apply to recording a police encounter because a police officer is not someone who would have a reasonable expectation of privacy.

Ok I really wanted to rep you for that one but I have to spread the love around some more. Damn it! You will just have to make me love you all over again some other time....

[Pa. Patriot]

Recording police, even secretly, typically is not a problem in PA.

I have been researching this and have come up with some new info I have not seen posted on this subject yet. I am working on a detailed post (new thread) but haven't completed it yet.

I'll work on it asap.