It already happens in New York... but everyone want to live there in a
1 bedroom apartment going for $1Meg >:-}
Sure they do. Most common folk in NY are trapped there. ...Jim Thompson
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I love to cook with wine. Sometimes I even put it in the food.
From the net, using "ca audio recording laws" as search term on duckduckgo.com:
Is video taping or audio taping or phone recording legal in CA?
ron s asked 7 years ago
Is it legal to record the conversation without permission from every person involved ? I am talking about CA law ? I heard the phone conversation recording is a crime.
If it is legal to video tape then is it allowed in the court as an evidence of domestic abuse ? Additional Details if I want to record my wife's activity to prove in the court, is it legal ?
Best AnswerVoter's Choice
John S answered 7 years ago
The statute involved here is Penal Code section 632:
Subdivision (a) says, in part, "Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio . . . ."
As you can see, this would include a video tape.
Subdivision (d) of this statute says, "Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding."
The critical question, however, is whether the conversation was intended to be confidential: [**see my comment below]
Subdivision (c) says, "The term 'confidential communication' includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded."
The expectation that a conversation will be kept confidential must be "objectively reasonable." (Flanagan v. Flanagan (2002) 27 Cal.4th 766.) I tend to think that it is NOT objectively reasonable for a person engaged in threatening or assaultive conduct to expect that the conversation is going to be kept confidential, and I doubt that a court would find such communications to be covered by Penal Code section 632. Source: Cited above, and 30 years as a criminal defense attorney.
** my comment: it seems that one of the more critical criteria is if there is no expectation of privacy. Look for case law in the county Superior Court. Fry the cops ass.
** Penal Code section 632.. (b) The term "person" includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication. (c) The term "confidential communication" includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
** As you can see,this section does not apply in the cop violation case at hand. So good luck in finding case law; try the county Superior Court.
Who the hell is disarmed? If you have no felonies, are not under restraining order, are a US citizen, you can get a handgun, rifle, or shotgun. And not just one. Even in CA. There are few restrictions.
Now packing on the street is another story, but like Johnny Cash said,"Don't bring your guns to town."
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