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(Baltimore Sun)   Memo to Cops: 1) Don't wiretap without a warrant, 2) especially not a judge and 3) don't create evidence by including your own voice   (baltimoresun.com) divider line 15
    More: Asinine, cops, Carlos M. Vila, wiretaps, search warrants, memoranda  
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8626 clicks; posted to Main » on 23 Mar 2013 at 10:01 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-03-23 10:05:22 AM
4 votes:

Quality Unassured: Using a hand held recorder to record your own phone conversation =/= wiretap.


It may be illegal under wiretap laws. Depending on where you live, the law may require all parties be aware that the conversation is being recorded.
=Smidge=
2013-03-23 10:43:22 AM
3 votes:
25.media.tumblr.com

...Cops should be reminded that they are subject to the same laws that the rest of us are...
2013-03-23 10:05:56 AM
3 votes:
His lawyer, Catherine Flynn, argued that because it was an accident, he did not do anything illegal.
"It was my intention to capture myself, and only myself," Vila said in court.


I'm sure the cop would gladly accept such an excuse from one of us.
2013-03-23 08:25:41 AM
3 votes:
So the judge will commit suicide with multiple gunshots to the back after the discovery of pot and child porn in the home.
2013-03-23 10:28:22 AM
2 votes:
1.bp.blogspot.com

Wants nothing to do with McNulty's latest insane scheme...
2013-03-23 10:27:36 AM
2 votes:
Asshole cop who has spent 18 years bullying the rank and file, neglecting the Constitution, now illegally wiretapping, and arguing with a Judge should only get 10 days in PMITA prison.....in general pop. Seems fair.
2013-03-23 10:18:06 AM
2 votes:
Hmmm....

Recording for your own protection shouldn't be a crime.  And he should have been smart enough not to play it for anyone other than his Lieutenant.
2013-03-23 10:07:31 AM
2 votes:

Quality Unassured: Using a hand held recorder to record your own phone conversation =/= wiretap.


Yeah.  I thought this was a case of a cop wiretapping a Judge because he didn't like how she was running her court but it turned out to be a guy who was concerned about getting burned by the power dynamics when asking for a warrant.  These two-party-consent rules seem to cause a lot of problems and prevent people from protecting themselves, ironically mostly from the cops.
2013-03-23 08:52:06 AM
2 votes:
That judge sounds like a real biatch for multiple different things there.
2013-03-23 02:35:03 PM
1 votes:
Sounds like two egos collided, and the one with lesser intellectual horsepower lost.
2013-03-23 02:09:15 PM
1 votes:

cantsleep: Cop was wrong making the recording, judge sounds like she didn't want to do her job.


Sounds like she did want to do her job.  She had problems with the warrant application and asked for the cop's supervisor.  Cop said his super wasn't on duty and he didn't want to bother his boss at home.  Rather than fail  to do her job of signing only valid warrants, she said, "OK, we'll wait until Monday when I can speak to your boss."  Then she approved another warrant the same night.

Cop was trying to bulldoze judge and she wasn't having it.
2013-03-23 11:26:33 AM
1 votes:
Wait, she couldn't be bothered to deal with a warrant in a shooting case when she was on call specifically for the role of processing after-hours warrants?  Fark that c00nt.  One week  per year???  Biatch doesn't know how good she's got it.  Christ on a crutch.  One of my neighbors deals with after-hours warrants more often that that because it's his farking job and it's important.
2013-03-23 10:45:22 AM
1 votes:

skinink: Maryland may be like Massachusetts when it comes to recording. All parties need to consent to a recording or otherwise it's a wiretap violation.

"His lawyer, Catherine Flynn, argued that because it was an accident, he did not do anything illegal."


Sheeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeit!


In my state and 37 others, it's just fine to record a phone conversation as long as at least one person in the conversation knows it's being recorded.  And I like it that way.
2013-03-23 10:42:40 AM
1 votes:
Today's food for thought:

A lot of states enacted two-party consent laws in the 1970s after the extent of FBI and White House wiretapping became known. Most people have no idea that something as simple as turning on a video camera in public may violate the law. These laws were written when personal recording devices were the size of a Michener novel and not in common public use. Today, of course, things have changed. I was happy to see the court in Illinois throw out that state's law; there are bound to be enough of these that SCOTUS might rule on the subject in the next few years.

As a journalist working with people in a variety of states, I've just found that it's easiest to get all parties to consent at the start of the call, and I explain that it's because I'm a shiatty note-taker. Most people get it; if they don't, I explain it's because I want to get any quotes I use right before they appear in print.

Of course, that's not what was going on here. Schmuck wanted to get a judge (who wasn't thrilled about a detective coming over at 3am for what might be a BS warrant) in trouble and got burned with his own match.

And now, back to your Saturday morning cartoons...
2013-03-23 10:14:41 AM
1 votes:
The requirement that both sides consent to recording is a way to prevent the citizenry from proving wrongdoing by police.
 
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