Conneticut RKBA and a pedestrian stop

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Conneticut RKBA and a pedestrian stop

Postby bignflnut » Mon Jul 01, 2019 1:42 pm

Exercising his rights...though I'm certain it will be "deceptively edited" or something to excuse these crimes.
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Re: Conneticut RKBA and a pedestrian stop

Postby kcclark » Mon Jul 01, 2019 6:24 pm

A funny example of why the cops should not take something from you when they are not familiar with how to operate it.
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Re: Conneticut RKBA and a pedestrian stop

Postby docachna » Tue Jul 02, 2019 8:39 am

Lying SOB’s !!!!
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Re: Conneticut RKBA and a pedestrian stop

Postby docachna » Tue Jul 02, 2019 8:52 pm

Well, apparently the troopers may be right.

New Hampshire law is stricter than federal and many other states' laws. New Hampshire is a "two-party" or "all-party" state where every party to a conversation has to agree to the recording. The New Hampshire statute is RSA 570-A, Wiretapping and Eavesdropping. Intentional violations of RSA 570-A can result in a class B felony or a misdemeanor, as well as money damages.


https://www.nhpublaw.org/nh.law.about/law/102#top

I doubt the "public's right to know" would trump the statute, unless there is a specific exception for recording LEO's, which I did not locate. There is (of course) an exception in 570-A-II:

(j) A uniformed law enforcement officer to make an audio recording in conjunction with a video recording of a routine stop performed in the ordinary course of patrol duties on any way as defined by RSA 259:125, provided that the officer shall first give notification of such recording to the party to the communication.
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Re: Conneticut RKBA and a pedestrian stop

Postby Javelin Man » Tue Jul 02, 2019 9:10 pm

It looked like the troopers made the recording themselves so I guess that makes them party to the conversation.
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Re: Conneticut RKBA and a pedestrian stop

Postby djthomas » Wed Jul 03, 2019 6:29 am

The incident occurred in Connecticut, not New Hampshire. Regardless this is an area of law where simply reading the statute is not enough. There is a fairly substantial court history originating from many of these so-called "two party" states that have said state law notwithstanding, the public has a constitutional right to record public officials carrying out their duties in a public place so long as the individual doing the recording is not meaningfully interfering with those public officials. At the core, it's a protected first amendment activity. I'm not aware of any court agreeing that the inside of a police cruiser out in public is not also a public place.

Cities are paying out when they screw this up, and pointing to restrictive state laws has been no defense.
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