Interesting Traffic Stop

[MURPH50]

Legoate: I'd have zero problem with that - as long as the tape is complete, and his audio is recorded, that would be fine. It also gives a great perspective of what he saw on the stop (not a cell phone of course).

Laww: I see you are correct, but that is very disappointing - as long as I don't interfere with your duties, I see no constitutional reason why you can record me but I can't record you. There is no expectation of privacy on a traffic stop.

mcsap: Are you allowed to cite in a completely different class of offenses (i.e., muffler for speeding, or cellphone for DWI, etc.?)

Most are missing the point of this point, the officer may have thought he was cutting me a break. He gave me a much harder charge to defend against, and one my employer is sensitive to. I am trying to be appreciative, and figure a way to get him to work with me so we aren't exposing his kindness in court.

[Legoate]

I am trying to be appreciative, and figure a way to get him to work with me so we aren't exposing his kindness in court.

He's not going to "work with you". After I write a cite I never see the person again unless it is in court. I also don't cite for things people didn't do. Go to court, present your case. He will present his case. The judge will decide. That's how the court system works.

If it somehow makes the officer look bad, tough luck. Maybe he'll learn a lesson, if what you said is indeed true.

[Joeyd6]

De ja vu...and thsi thread ain't got anything to do with me so I am punching out.

[MURPH50]

I believe the officer acts as the prosecutor in our system and would have to agree to any plea bargain.

[Laww]

Laww: I see you are correct, but that is very disappointing - as long as I don't interfere with your duties, I see no constitutional reason why you can record me but I can't record you. There is no expectation of privacy on a traffic stop.

Murph50,

The difference is this:

When we record you we are required by law to inform you of that fact. "My name is Trooper Laww and everything we are saying and doing is being audibly and visually recorded." I am willing to bet that you gave the officer no such declaration, hence making the recording of him unannounced and illegal (in this state).

A traffic stop is not a consensual encounter and being recorded or not recorded is not a choice you have. The documentation of the traffic stop is to protect your rights as much as it is there to preserve the integrity of the traffic stop and ensure the officer's professionalism and compliance with state and federal laws, as well as department policies and procedures.

Expectation of privacy, or lack thereof, applies to the exterior or your vehicle or the fact that I have you stopped on a public roadway. To make a blanket statement as you just did would imply that I would never need consent to search your vehicle, I could just do it because there is no expectation of privacy. The 4th and 14th amendments are there to protect citizens from wrongful searchs and seizures of the private portions of their vehicles.

I'm not saying I agree or disagree with your perception of the recording, but it isn't so black and white as you may believe it to be with the "you are recording me so I am recording you" philosophy.

When we record, we record the entirity of the stop, in other words....I'm not just recording you, I'm recording my entire interaction with you. Your recording, minus the audio, is a single, close angle shot with what I assume is a lower grade of video that what we use to record.

Not a sermon....just a thought.

[MURPH50]

Laww,

Thanks for your input. I disagree with your analysis slightly, I have no expectation to privacy to things in plain view, you can look for a gun, drugs, etc. that you can see plainly through the window. Similarly, I can't tap your car (where you can expect privacy), but I can (in my state) record a conversation (where you can't). Actually, my state is a one party consent state, so as long as I know, we're fine. And to the previous comments, my potential evidence "hypothetically" would be audio. Regarless, I don't think we need to go there - I'll bring my evidence to the town attorney on the cell phone charge and see if he'll drop it or plea it down - if the Trooper needs to show, I'll have to figure out how badly I want to fight it.