If a cop pulls you over...

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jlee

Lifer
Sep 12, 2001
48,518
223
106
Very true, "probably cause" it's incredibly vague however.

I can only assume you mean "probable cause." No, it's not vague. Not at all.

Being suspicious = probable cause.

There's a difference between a guess, hunch or "feeling," reasonable/articulable suspicion, and probable cause.

See if you can educate yourself on what the differences are.
 

lothar

Diamond Member
Jan 5, 2000
6,674
7
76
Make sure to be familiar with your local laws. Recording audio without consent is generally a felony in NH.
So when you call a customer service number for a company and they say "your call may be recorded for training/quality assurance purposes" or whatever, it's illegal if you never gave consent?
How many people in NH have sued said firms based on this law? And why aren't the companies out of business yet?

I have a WiFi camera(both audio/video) in my driveway with no consent signs posted that records the driveway, mailbox and everything in between them(read: sidewalk). If I did this in NH, and someone passed by walking their dog or pushing their baby in a stroller, are you saying this would be illegal and they will easily win in court? o_O

looks like according to that any kind of recording private is banned unless both parties consent. I'm not a lawyer but that's my interpretation.

I guess it comes down to the definition of consent. FCC seems to use verbal notification in place of consent.

http://www.fcc.gov/guides/recording-telephone-conversations

but yes according to this: http://www.rcfp.org/taping/states/newhampshire.html

In addition, it is a violation of privacy to install or use any device for the purpose of observing, photographing, or recording in or outside any private place.

They held that a school was not a private place. I would assume a public road is also not a private place.

So if a burglar broke into someone's home in NH, he has a right to sue the homeowner if he's being recorded based on this law? o_O
 

Zargon

Lifer
Nov 3, 2009
12,218
2
76
wow in IL you can record in your house and on your property both audio and video without consent(So I was told by a lawyer and Police Chief). I looked into it due to a troublesome neighbor


is this hal?
v-for-vendetta-comic-vs-film-20060317045305808-0001.jpg
 
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HAL9000

Lifer
Oct 17, 2010
22,021
3
76
I can only assume you mean "probable cause." No, it's not vague. Not at all.



There's a difference between a guess, hunch or "feeling," reasonable/articulable suspicion, and probable cause.

See if you can educate yourself on what the differences are.

I already know the differences :)

wow in IL you can record in your house and on your property both audio and video without consent(So I was told by a lawyer and Police Chief). I looked into it due to a troublesome neighbor


is this hal?
v-for-vendetta-comic-vs-film-20060317045305808-0001.jpg

Nope it's not.
 

jlee

Lifer
Sep 12, 2001
48,518
223
106
So when you call a customer service number for a company and they say "your call may be recorded for training/quality assurance purposes" or whatever, it's illegal if you never gave consent?
How many people in NH have sued said firms based on this law? And why aren't the companies out of business yet?

I have a WiFi camera(both audio/video) in my driveway with no consent signs posted that records the driveway, mailbox and everything in between them(read: sidewalk). If I did this in NH, and someone passed by walking their dog or pushing their baby in a stroller, are you saying this would be illegal and they will easily win in court? o_O



So if a burglar broke into someone's home in NH, he has a right to sue the homeowner if he's being recorded based on this law? o_O

I posted the exact law as written. Don't get all huffy with me.
 

TheNinja

Lifer
Jan 22, 2003
12,207
1
0
I am a white 30 year old with a 4 door Nissan Altima with 2 child seats in it. They probably aren't tearing my car apart. If they did ask, I would first ask more information as to what/why they are wanting to search my car. I don't need all my stuff taken out and child seats removed just b/c he feels like wasting time looking for something. Most cops are reasonable, but I've met some real arrogant a-holes too. They think they are above the law.
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
So when you call a customer service number for a company and they say "your call may be recorded for training/quality assurance purposes" or whatever, it's illegal if you never gave consent?
How many people in NH have sued said firms based on this law? And why aren't the companies out of business yet?

By remaining on the line and/or not requesting that your call not be recorded, you are consenting in the eyes of the law. Silence can be (and often is) considered consent for legal purposes.

I have a WiFi camera(both audio/video) in my driveway with no consent signs posted that records the driveway, mailbox and everything in between them(read: sidewalk). If I did this in NH, and someone passed by walking their dog or pushing their baby in a stroller, are you saying this would be illegal and they will easily win in court? o_O

Technically, yes, that's illegal in a state that requires both parties to consent to monitoring. However, as a practical matter, unless you publish the video you're unlikely to be charged.

So if a burglar broke into someone's home in NH, he has a right to sue the homeowner if he's being recorded based on this law? o_O

Generally if you're doing something illegal, you lose legal standing to make other complaints. In this case, the only reason the burglar would be being recorded is his own illegal actions and he'd lose every time as a result. Now, a guest in the house who didn't know about the recording equipment would be able to successfully sue, because the guest was there legally.

ZV