[W126 Coupe] about the tape recorder thing

[Shayegan, Richard]

And just so y'all can record the VA cop who decides to also be a
legislator and a judge, and know you'll be safe, Title 19 Chapter 6
Section 62 says
"It shall not be a criminal offense under this chapter for a person to
intercept a wire, electronic or oral communication, where such person is
a party to the communication or one of the parties to the communication
has given prior consent to such interception."

Also, Cogdill v. Commonwealth, 219 Va. 272 (1978) essentially says
recording is always ok meaning if you are in earshot it's ok...though if
you ask me that part of section 62 I quoted above seems to say the same
thing since if you are part of the conversation you are in earshot, I
guess Cogdill opens it up more to if the people next to you are having a
conversation.

And for the record, based on what I've read about Hyde, the MA police
did in fact harass him and the MA Supreme Judicial Court did a disserve
against the people of MA with their ruling. Also, Hyde only got 6 months
probation, so it wasn't like they gave him the full 5 years for that.
Richard

-----Original Message-----
From: mbcoupes-bounces at mbcoupes.com
[mailto:mbcoupes-bounces at mbcoupes.com] On Behalf Of Bill P.
Sent: Monday, February 21, 2005 11:36 AM
To: Mercedes Coupes Mailing Lists
Subject: RE: RE: [W126 Coupe] about the tape recorder thing

The key word is "secretly" so if it is in a public place it's no
problem!
Does it have sound?  If an officer has a car stopped on the side of the
road Joe Blow across the road can video him no problem!

-----Original Message-----
From: mbcoupes-bounces at mbcoupes.com
[mailto:mbcoupes-bounces at mbcoupes.com]On
Behalf Of dolans1 at verizon.net
Sent: Monday, February 21, 2005 07:50
To: Mercedes Coupes Mailing Lists
Subject: Re: RE: [W126 Coupe] about the tape recorder thing

Does that law permit video?? Say for instance I forgot to turn off my
video recorder, and by "accident" I captured it on tape...:))
>
> From: "Shayegan, Richard" <rishayegan at davidson.edu>
> Date: 2005/02/21 Mon PM 12:43:13 GMT
> To: "Mercedes Coupes Mailing Lists" <mbcoupes at mbcoupes.com>
> Subject: RE: [W126 Coupe] about the tape recorder thing
>
> D'OH, you're right. I looked at what he wrote me...he including 
> "assuming your initial assumption is correct" and then I looked at 
> what I wrote him, and I included the only one party needs to know 
> thing. I can read...I really can...why does nobody believe me! :-p 
> Dang, twice in one day I embarrassed myself.
> Richard
>
> -----Original Message-----
> From: mbcoupes-bounces at mbcoupes.com
> [mailto:mbcoupes-bounces at mbcoupes.com] On Behalf Of Bill P.
> Sent: Monday, February 21, 2005 12:48 AM
> To: Mercedes Coupes Mailing Lists
> Subject: RE: [W126 Coupe] about the tape recorder thing
>
> Richard
> Don't hire that lawyer because he is wrong.  It's not the same in 
> every state!  Sorry to go book on you but here goes!
>
> In Mass. "The S.J.C. held the C. 272 S. 99 protects police from being 
> secretly recorded by private citizens".  Comm. v. Hyde, 434 Mass 594 
> (2001).
> In Hyde, a citizen stopped for a civil motor vehicle infraction 
> secretly recorded the conversation of the investigating officers.  The

> SJC upheld the defendant's conviction pursuant to C. 272 S. 99, a 
> five-year felony!
>
> I don't want to see you get in trouble but that's how it is!  You can 
> contact me off list if you like!
> Bill P.



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