Pixiq

The law depends on if there was audio. Florida is an all parties consent state, and you cannot record a conversation unless all parties consent. Video without audio would not contravene the law. But if any of the conversation is audible on the recording, then he is in trouble. That is why almost all in store CCTV are video only.

Tom,

That’s the logic but none of those charges have ever stuck in situations like this.

Granted, this might be a little different because he was secretly videotaping the deputy.

But there is probably only one incident where audio was involved and that was during the traffic stop.

And one Pennsylvania judge ruled that if the cops are filming the people they pull over, then the people should be allowed to film them during a traffic stop.

thank you for jumping on this as soon as you did. Very scary this case. I tried to read 943.01 but this Statute is so long as to choke a guy to death.

I think is what is more interesting about this case is that an arrest warrant was executed by this neighbor deputy meaning that a judge had to read the complaint and give the deputy permission to arrest.

Tom, I think you are wrong about the audio thing. The audio only applies to telephone conversations and nothing in the public arena. But reading 943.01, this this a pile of crap. Plus this is a felony arrest, meaning that Leos can draw their guns and threaten to kill you if you don’t comply.

“Florida is an all parties consent state, and you cannot record a conversation unless all parties consent.”

So if law enforcement is doing a controlled call with only one of the parties consenting, if there isn’t a wire tap authorized, its then fair to conclude that the cops are breaking the law in Florida?

No, Marty, because we all know police above the law.

They can get prostitutes to blow them in order to arrest them.

Carlos, all joking aside, if indeed we live in a two party state, is a police initiated “controlled call” against the law? This is common practice in the MDPD.

what is a controlled call?

Kids, this is what happens when you accept cops as your “friends” on Myspace and Facebook.

Sounds like a dangerous nut job to me. What good reason is there for posting the pictures of the deputy’s home? This guy is probably disturbed.

JohnnyLaw

Wow-you back from undercover or what?

If I were the deputy I would have steered the kid towards becoming a realtor.

“what is a controlled call?”

Carlos, a controlled call is when a witness is making a phone call to a subject while the police are listening in. Not a wire tap, just one party consenting to having the phone call recorded while they’re talking to the subject the cops are interested in. As I mentioned before, common practice in the MDPD.

Consent is only required from a single party so long as the audio recording is being made in a public space where no reasonable person would have an expectation of privacy. That is the opinion of my attorney who practices media law in Florida. A careful reading of the actual statute makes that pretty evident.

Cast and photographer arrested for disorderly conduct after police viewed pictures on camera: http://www.eonline.com/uberblog/b143744_vampire_diaries_castmembers_bust...

Sounds like some 4th and 5th ammendment issues if you ask me.

This raises all of my ‘nut job’ red flags. Even though it sounds like he did nothing illegal other than be a bad neighbor, I suspect things will escalate and not end well for the young man. I suspect his worried parents know it too.,