Is it illegal to voice record a police officer while being interrogated?
I googled it and couldn't find the right answer. I live in California. If I'm being asked questions or even arrested by a police officer, would it be illegal for me to use my iphone to take a voice memo?
I'm no expert but I can't imagine it would be legal.
YES ITS ILLEGAL
I GUESS
Nope, it's certainly not illegal and I've had people do that when I have conducted a street check.
Personally, i don't really care if they record what ever they want provided it does not interfere with my interactions with them. If it does then I tell them to stop. If it gets to the point where someone is going to be arrested then all bets are off and the recording device comes with me. Everyone arrested gets searched and their stuff is removed from them until it's returned later on. If their recording is evidence then I get a warrant and have a trained tech get a copy. If it doesn't matter then they get it back when they get released.
You can and should always record the police with video and audio. If you are on the street or in your car absolutely record, but do so openly (don't conceal the fact you are recording). There are some states where you would need to get both parties to consent for audio, but this needs challenged in court.
It is a violation of Penal Code section 632 to record any confidential communication without the consent of all participants. "Confidential communication" in this context means a conversation which the participants would reasonably expect would not be recorded or overheard.So, yes, in most situations it would be illegal to make such a recording.
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