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Old 02-26-2010, 03:42 PM   #35
DiverRich
 
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Drives: 2010 2LT/RS A6 Silver Ice
Join Date: Jan 2010
Location: Roseburg, OR, USA
Posts: 94
Well I can't say I disagree with you Steve. I'm not a big fan of the way the law in Oregon is either. Unfortunately, it's what we all have to live with here. And yes, I have to inform people I am recording if I am recording audio. That goes both ways. Generally speaking citizens nor police have to notify for video. And it's not a permission thing. Consent is not required, you just have to inform.

I agree that some officers can be major pricks. Trust me I work with a couple. My whole point is that if the officer is being a jerk and you're breaking the law to prove something that his employer can't legally use agasint him, who wins? No one. The officer gets away with being a jerk and you end up in legal trouble.

As for the appeals process, this issue has been appealed to the Oregon Supreme Court and the United States Supreme Court many times and the courts seem to find the law in compliance with the 4th Amendment and Article 1 Section 9 of the Oregon Constitution. The best way to change the law is for the legislature to change it. Since it was updated and made more restrictive in 2007 I doubt that's gonna happen anytime soon.

If you really want to make a "secret" recording the best bet (in Oregon) is to call someone on the phone when you get stopped, put it on speaker phone and have that person record the call. Totally legal and now you have a witness too. But again, I caution anyone on this to consult your state's law.

In reality any good cop should expect to be (and act like) they are being recorded at all times. I can't tell you how many times video/audio has saved my ass from BS complaints. Psersonally I wouldn't want to work without a video cam in my car. But, then again, I wouldn't pull over my gf's ex either. (That would totally piss off my wife. )
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