Personal evidence recording, ca. 2001, was Re: On January 28th, Criminals No Longer Another Face in the TampaStadium Crowd

From: Michael M. Butler (
Date: Sat Feb 03 2001 - 07:56:32 MST

Chris Russo wrote:
> Normally, telling someone that you're recording the conversation is
> sufficient to be able to do so, right? If you tell the cop you're
> recording him, though, he might get abusive and take your tape.
> Solution? Keep two tape recorders handy - one in sight, and one
> hidden. If he forces you to give him the tape from the first, you've
> *really* have him busted on the second.

Yes, up to the point of his search of your person (justified by
"reasonable articulable suspicion" or whatever the terminology is in
your jurisdiction--or not...).

Your backup record has to be either off-body or hard to neutralize in
some other way (an organ?).

Leaving the latter for down the road, I've sketched out a design that
uses Part 15 FM stereo, but I could really use help from a senior ham or
engineer, someone who's current with micro RF design, to help me finish
the design for dissemination. The simplest form just sends MPX stereo
("he said/she said") on a switch-selected fixed xtal synthesized
frequency. Mutual aid societies in a neighborhood could settle on one
frequency, or use scanners, though the stereo sep obviously goes away
with the latter. There remains a potential sticking point: FCC regs
regarding "divulging an overheard communication". Not sure how to
finesse that and keep the neighborhood watch/copwatch angle solid.

Why stereo? A straightforward refinement permits you to only transmit
your half of the conversation as the L+R signal; the other party's voice
is active canceled in this mode. So you have an out even if they refuse
to be recorded and you agree to stop. When you stop, you are stopping
recording/broadcasting *them*, but not yourself.

Further refinements are straightforward. As is raw video on a separate
channel, which is generally not ruled unlawful unless there is a
"reasonable expectation of privacy" (homes, dressing rooms, etc.). For
that, I'd get a ham license and use 432 MHz ATV, maybe.

I am not a lawyer, but I do see all this coming. Soon.

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