Do you inform police you are recording audio from Dashcam when pulled over?

[FatStrawPDX]

Hello,

I live in the State of Oregon and I think by law we're allowed to dashcam record the police but for audio, we would need to explicitly tell them they are being recorded (can someone confirm)?

I haven't been pulled over yet since I've installed my dashcams but I am trying to prepare for when it does happen.

My question is, when the police walks up to your vehicle, do you wait for the officer to tell you why you are being pulled over?

Or do you have your driver license and insurance ready in your hand while on the steering wheel and immediately inform the police officer that your dashcams are recording video and audio and ask the police officer the reason for being pulled over?

I don't want to do anything that would provoke the police officer and cause him to give me any other trouble.

Also, to make it even more complicated, I will have a Concealed Carry Handgun permit/license. However, Oregon law doesn't require that I inform the police that I am a concealed carry handgun holder but I'm guessing it's good practice to hand over my concealed carry handgun license too when pulled over?

How does this sound?:

*Hands at 10 and 2 o'clock on steering wheel* + Dome Light on

"hi officer. I'm licensed to carry and I have audio & video recording. My firearm is on my right hip (or wherever). My licenses and registration are[...]"
?

 

[randy]

Hello...I was a police officer for 10 years here is my advice...
Hands on 10 & 2
Dome light on / window down
Wait till asked for documents...if you’re reaching somewhere to get them just tell the officer...they’re in my pocket and point
While handing them over just say...officer I have a dash cam on that is recording audio and I am carrying here is my CCW permit.
You have to notify in Oregon...two party consent state
Just have a respectful tone...don’t overthink it

 

[randy]

Forgot to mention...here in NC the DMV files contain your CCW info so when an officer runs your tag it pops up. Do as you feel but he may see that you have one anyways if you’re the registered owner of the vehicle

 

[FatStrawPDX]

Hello...I was a police officer for 10 years here is my advice...
Hands on 10 & 2
Dome light on / window down
Wait till asked for documents...if you’re reaching somewhere to get them just tell the officer...they’re in my pocket and point
While handing them over just say...officer I have a dash cam on that is recording audio and I am carrying here is my CCW permit.
You have to notify in Oregon...two party consent state
Just have a respectful tone...don’t overthink it

So it's better to wait for the officer to ask for the documents then trying to get everything ready before he approaches me? What if I get into a situation where I'm reaching for my documents and he notices a gun and shoots me?

Also, I was reading this and have trouble understanding how to determine if it's a 'two party consent' state:
https://www.oregonlaws.org/ors/165.540

 

[DT MI]

...I was reading this and have trouble understanding how to determine if it's a 'two party consent' state:
https://www.oregonlaws.org/ors/165.540

If you're party to the conversation you should be good.

"Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. "

...and...

"if not all participants in the conversation are specifically informed that their conversation is being obtained. "

Since you're a party to the conversation I'm reading this as meaning you only have to inform the LEO but not necessary to get consent. Of course it may be seen differently by the LEO being recorded and he/she might insist you stop.

 

[FatStrawPDX]

If you're party to the conversation you should be good.

"Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. "

...and...

"if not all participants in the conversation are specifically informed that their conversation is being obtained. "

Since you're a party to the conversation I'm reading this as meaning you only have to inform the LEO but not necessary to get consent. Of course it may be seen differently by the LEO being recorded and he/she might insist you stop.

Do I have the right to politely decline to turn off my recordings?

 

[randy]

So it's better to wait for the officer to ask for the documents then trying to get everything ready before he approaches me? What if I get into a situation where I'm reaching for my documents and he notices a gun and shoots me?

Also, I was reading this and have trouble understanding how to determine if it's a 'two party consent' state:
https://www.oregonlaws.org/ors/165.540

Dude you’re over thinking this. The media has done irreversible brain damage to people lol...but no big deal some people don’t have any experience with the police.
Officer “ license and registration”
You “ yes sir they’re in my pocket, glove box (etc)(point to em)”
As you hand him your stuff to include CCW
“Officer I have a dash cam on that’s recording and I am ‘carrying’”
Two party consent state means you don’t intercept anyone else’s conversation without their consent...that’s for phone calls, in person, recording two other people etc etc..

 

[randy]

If you're party to the conversation you should be good.

"Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. "

...and...

"if not all participants in the conversation are specifically informed that their conversation is being obtained. "

Since you're a party to the conversation I'm reading this as meaning you only have to inform the LEO but not necessary to get consent. Of course it may be seen differently by the LEO being recorded and he/she might insist you stop.

I stand corrected!!! Oregon is a one party consent state...you do NOT have to notify anybody you are recording audio. It appears it was revised.
So FatStraw no need to mention your camera at all...and I wouldn’t.

 

[FatStrawPDX]

I stand corrected!!! Oregon is a one party consent state...you do NOT have to notify anybody you are recording audio. It appears it was revised.
So FatStraw no need to mention your camera at all...and I wouldn’t.

I see. It was revised. I remember a few years ago when I was reading it, it said I needed to mention that audio was recording. Video recording, however, didn't need to be mentioned.

Thanks guys. This makes it less complicated for me now when I get pulled over as long as I don't need to inform them that I was recording.

 

[kamkar]

No i dont have to.
And besides i get out of the car to face them as i have a little issue with people leaning over me.

Need to make a few mental notes if i am ever to visit the US, but thats alright i respect local customs and laws, its what put a little spice on things.

 

[DT MI]

...
And besides i get out of the car to face them as i have a little issue with people leaning over me...

Don't get out in the US when you finally get around to doing your 'road trip' over here. Just about all LEOs insist you to stay in the vehicle during a stop until they tell you to exit.

 

[kamkar]

I know stay in seat keep hands within view i can deal with that if i have to, just dont have to do that here if i choose to.

I have talked to some people and they say " America thats like the salsa from hell" but to BS like that all i can say is " i like it hot"

 

[Nigel]

So it's better to wait for the officer to ask for the documents then trying to get everything ready before he approaches me?
What if I get into a situation where I'm reaching for my documents and he notices a gun and shoots me?

No need to worry about things like that over here, our cops are friendly and don't have guns
Also no need for documents, it's all on the computer

 

[c4rc4m]

Very true. They usually run a check on the vehicle before they even stop you and so already know if it's insured, MOT'ed, who it's registered to, and upon stopping you, will check if your name and address matches those checks they've already run. If it doesn't then it's proof of insurance time, but even that is checked instantly and electronically so they know if it's been eg cancelled after the documents were issued (a common trick). There's no escaping in the UK. Especially as many police cars and all major roads also have ANPR cameras.

 

[kamkar]

I hear having your UK car insured in Scotland are a way of getting off cheaper.

 

[Nigel]

Very true. They usually run a check on the vehicle before they even stop you and so already know if it's insured, MOT'ed, who it's registered to, and upon stopping you, will check if your name and address matches those checks they've already run. If it doesn't then it's proof of insurance time, but even that is checked instantly and electronically so they know if it's been eg cancelled after the documents were issued (a common trick). There's no escaping in the UK. Especially as many police cars and all major roads also have ANPR cameras.

These days they will even recognise you and know your name, since they will have seen your photo on the computer, unless you are driving someone else's car, then there is some explaining to do!

 

[c4rc4m]

I hear having your UK car insured in Scotland are a way of getting off cheaper.

In the UK it goes on where you actually live ie your home post / zip code, not where you insure your car.

There are advantages to living in some places though, although Scotland has some pretty bad post codes.

 

[Paul Iddon]

@FatStrawPDX

I have a question if you don't mind me asking?

Why do you carry a handgun? In England, this sort of thing doesn't exist legally like law in the States allows (as far as I know) but the gun culture in the USA seems to make a lot of news stories.

Do you fear for your life? Do you feel more secure/safe having a gun, whilst knowing that if you discharge it into someone you may be liable to being charged potentially, in the worst case scenario, with murder? (If you're a bad person, please don't visit my small town, lol..... )

It seems to me there are too many guns in the world and while I can't condone people having them, I realise millions world wide, do so. I'm not disrespecting you for having one, I'm just curious why (so many in America) do carry them - especially in light of the all the recent shootings in your educational institutes.

Are you of the opinion, that not carrying would be better than carrying, or vice-versa?

 

[FatStrawPDX]

@FatStrawPDX

I have a question if you don't mind me asking?

Why do you carry a handgun? In England, this sort of thing doesn't exist legally like law in the States allows (as far as I know) but the gun culture in the USA seems to make a lot of news stories.

Do you fear for your life? Do you feel more secure/safe having a gun, whilst knowing that if you discharge it into someone you may be liable to being charged potentially, in the worst case scenario, with murder? (If you're a bad person, please don't visit my small town, lol..... )

It seems to me there are too many guns in the world and while I can't condone people having them, I realise millions world wide, do so. I'm not disrespecting you for having one, I'm just curious why (so many in America) do carry them - especially in light of the all the recent shootings in your educational institutes.

Are you of the opinion, that not carrying would be better than carrying, or vice-versa?

Too many crazy people now a days. [/QUOTE]

 

[Nigel]

Too many crazy people now a days.

Not sure I understand that answer, could be a reason for or against...

@FatStrawPDX
Do you fear for your life? Do you feel more secure/safe having a gun, whilst knowing that if you discharge it into someone you may be liable to being charged potentially, in the worst case scenario, with murder? (If you're a bad person, please don't visit my small town, lol..... )

That doesn't seem like the worst case scenario to me, surely it is far more likely that the other person uses theirs on you before you have fully killed them, leaving you either dead or with life changing injuries - you might consider either of those to be the worst case scenario.