do you let your dash cam record audio inside the car?

  • Thread starter Thread starter Jaranson
  • Start date Start date
In most states when you are outside there is "no expectation of privacy" in most settings so no signs are required. In most states when you are inside your home you are not permitted to record others conversations without informing them first whoever they may be. Each state has different laws though and their courts have different interpretations of those laws, so what may be legal in one state might not be in another. I've read that in many states even though nanny cams are not legal for recording audio of babysitters and healthcare workers, many courts are allowing it as admissible evidence when a crime has been committed.
 
Dashmellow said:
...In most states when you are inside your home you are not permitted to record others conversations without informing them first whoever they may be. Each state has different laws though and their courts have different interpretations of those laws, so what may be legal in one state might not be in another...
Click to expand...

This 'confusion' generally comes about because the recording of audio falls under the 'eavesdropping' statutes which is generally, but not always, defined as the unauthorized listening to or recording of the conversations of others. The confusion comes into play when you are party to the conversation - that is, if you are in the car (or room) the recording is legal but illegal if you are not present. Further complicating the issue is some states require consent of all parties being recorded while others only require notification versus consent, while yet others require the consent of only one party.

And now you know why the U.S. has so many lawyers... 🙁
 
DT MI said:
This 'confusion' generally comes about because the recording of audio falls under the 'eavesdropping' statutes which is generally, but not always, defined as the unauthorized listening to or recording of the conversations of others. The confusion comes into play when you are party to the conversation - that is, if you are in the car (or room) the recording is legal but illegal if you are not present. Further complicating the issue is some states require consent of all parties being recorded while others only require notification versus consent, while yet others require the consent of only one party.

And now you know why the U.S. has so many lawyers... 🙁
Click to expand...

This is a good explanation and elaboration. It's why there is a required ten second beep when you are recording a telephone conversation with someone who otherwise wouldn't be aware of it and why @jokiin includes a "conversations may be recorded sticker" with the dash cams he markets. In most jurisdictions if I understand correctly, if you provide notification and the other party continues speaking and doesn't object, the other party is considered to have consented in the eyes of the law.

It can get even more complicated with how each state interprets "eavesdropping". In my state there are literally no statutes on the books on the subject of eavesdropping but there is case law based on a single matter that came before the state supreme court some years back. The case law echoes the consent and expectation of privacy requirements in other states and has become basically a de-facto statute but it leaves individual matters up to wide interpretation by the courts.

The whole issue of "eavesdropping" is about to get a whole lot more interesting with the advent of voice activated networked technologies like Siri, Google Now, Samsung's "eavesdropping" Smart TVs, Talking Barbie dolls that record everything a child says to them, and creepy "family robots" like Jibo. (records voice, video and data)
 
I will preface the following by letting you know I am not a lawyer though I have a fair amount of experience with trials, lawyers, and the USA legal system. I am quite aware of how easy it is for collusion to occur unintentionally- I was a victim of that myself. A person witnessed my situation only after I reacted, then told the belligerent how he'd seen me start it and the bad guy, seeing a way out followed along. I ended up being prosecuted for legally defending myself because it was two "witnesses" against one. This had a lot of bearing on why I bought a dashcam, for it is the ultimate unassailable witness and no amount of lies or liars can overcome it.

In the US the laws vary so much by location that you must always check locally. In most places, any audio recording made without the knowledge of all parties being recorded is inadmissible as evidence. Consent, either direct or implied may also matter. It may be illegal to record them at all. However the intent of the recording matters so you record the events only as a "personal journal" to be having a record of what YOU said, all the other voices are incidental- this makes it legal to do. While it may still be inadmissible in court, it can prove what was said before Court proceedings occur (such as police investigations and prosecutor-defense attorney conversations). That is where many legal-related decisions are made, so while it may not be legal as evidence it can change how trial proceedings go or even cause charges to be dropped, filed, or changed. As always, never reveal anything to anyone except your lawyer, then let them decide what to do with it- they know how to best use it in your favor.

Like your video recording, what an audio recording shows also shows what you did, and that is not always a good idea. If some idiot hits you and you yell "WTF?" or show anger (which is a common and normal reaction) then they will twist that into your being angry and belligerent which will not bode well for you in court. Being someone who mutters about the idiot drivers when I'm driving alone I have my audio turned off, for I know how it can be twisted against me by any decent lawyer. It does not matter that what I say is true; the thing which matters most in a courtroom is how the Judge or jury sees things and that is what lawyers work with. The only one in the courtroom who cares one iota about truth and justice is you and you're outnumbered from the start.

Most of you will have never had to go into a courtroom for more than a traffic ticket or accident proceedings so you haven't seen the deeper workings of the USA legal system but you can trust me when I tell you that you that if there is anything which might make you look like anything less than an angel you'd better keep it so well hidden that they cannot find it or it will go badly for you even when you are totally in the right. In a US court of law the best actor or actress wins; truth and justice have no value there anymore. Your dashcam video alone is enough to prove that you did no wrong, don't go risking the loss of such a good friend by tying it into something which might cancel out that goodness.
 
The US court system should hold its own version of the Academy Awards--complete with the ingrained biases.

Best suggestion is to keep calm, keep calm, keep calm. Use your brain. Don't raise your voice.

Haven't we all heard or read somewhere, "Oh, he raised his voice, and I felt threatened."

One aspect of the US civil court system is but legalized extortion, blackmail, and racketeering. It's an extremely important revenue source for the legal profession.

When our elected officials talk about "tort reform"--especially when they are campaigning for election or re-election--I assume it's shallow, blathering, nebulous grandstanding. The legal profession will ensure that tort reform will go nowhere.
 
Yes both my mobius and transcend have audio "on", reasons are:

You can hear my indicator clicking
hear a bump
hear whats said if the offender speaks to me at my window
Audio reminder of a numberplate if I dont think my camera picked it up
 
ellis456 said:
Yes both my mobius and transcend have audio "on", reasons are:

You can hear my indicator clicking
hear a bump
hear whats said if the offender speaks to me at my window
Audio reminder of a numberplate if I dont think my camera picked it up
Click to expand...

I agree. Some other useful things I've captured on audio are cars honking their horns during certain traffic situations, screeching tires, revving of engines and other ambient sounds that can be useful in documenting an event. Of course, if someone should hit my vehicle it would capture the sounds of the accident.
 
When I hit the 'save' button on my dashcam it beeps. Recording that sound makes it easier to find that part of the file when I play it back. Not every save is of a dramatic event, some things I just want to do a check on.
 
With two front cams, I set one to record sound, speed and GPS while the other is video only. Rear cam is video only.
 
3" x 1" red stickers with white lettering at the top edge of each window on all vehicles. Reads, "Warning: any conversation inside and within 6' of this vehicle may be recorded". Aside from meeting the legal requirement for disclosing audio recording, it's also a great way to find your vehicle in a parking lot full of similar vehicles.

I also have a bumper sticker that reads:

upload_2015-9-12_15-25-4.webp


upload_2015-9-12_15-28-25.webp



Full disclosure...
 
My opinion on this is that save for a few circumstances, recording of audio outside the vehicle in public is fine in almost every state.

Regarding recording audio inside the vehicle, it depends on whether you drive on a "one party consent" state or a "all party consent state" and if you drive alone or with passengers.

If you drive alone, people have provided many compelling reasons to record audio. There are also reasons you may not want to record audio even if you drive alone (loud music, talking on the phone, distracted driving, cursing, etc...).

If you live in an "all party consent state" and often drive with other people (i.e., people who have not yet provided consent to be recorded) in the car, you'll have to obtain all the passengers' informed consent before you may begin recording.
 
The red stickers should be black with grey print. They would be more stealthy that way.

erkme73 said:
3" x 1" red stickers with white lettering at the top edge of each window on all vehicles. Reads, "Warning: any conversation inside and within 6' of this vehicle may be recorded". Aside from meeting the legal requirement for disclosing audio recording, it's also a great way to find your vehicle in a parking lot full of similar vehicles.

I also have a bumper sticker that reads:

View attachment 17033

View attachment 17034


Full disclosure...
Click to expand...
 
country_hick said:
The red stickers should be black with grey print. They would be more stealthy that way.
Click to expand...

I'm not looking to conceal the fact that I'm recording audio. Thing is, with them the way they are, they look like car alarm stickers. They're so conspicuous that they are simply ignored. It let's me claim that I've conspicuously placed notice of recording devices... If passengers or others don't see/read it, it is not my fault.
 
My Iroad has an female voice "have a safe drive" when the device is turned on, and "Can not find the SD card" when the Sd card removed.

It would be nice if it had "Audio is on (or off)" shortly after the device is turned or when the mode changes as opposed to the chimes. This would take care of the privacy concerns and I would know if its on or not. I have video of where I honk to avoid an accident, and you can see (or hear) that its been effective. If my wife isn't with me, I want the audio on.

I usually remove the audio track on my video clips before I upload to youtube.
 
You must log in or register to reply here.
Back
Top