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re: FBI Urged to Investigate James O'Keefe
Posted on 5/22/14 at 1:11 pm to TerryDawg03
Posted on 5/22/14 at 1:11 pm to TerryDawg03
quote:I am shocked that Holder wants them to be involved. It was his statement about not wanting to infringe on the VA's IG investigation, possibly fricking up conviction. Naw this wouldn't be another political tactic would it?
Not sure why the FBI is involved though, since that is a state law.
Exactly
Posted on 5/22/14 at 1:13 pm to Jbird
quote:
California Wiretapping Law
California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).
If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.
They were in a restaurant. There may be some other thing out there they can try to get him on, but as for recording.......they're pissing up a rope.
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