Page 1
Page 1
Started By
Message

Vitter spygate vs random public videos & recordings : both criminal acts?

Posted on 11/11/15 at 12:02 pm
Posted by tigersbb
Member since Oct 2012
10275 posts
Posted on 11/11/15 at 12:02 pm

Would like fine legal minds to weigh in.

It is allegedly illegal for the person to film & record Sheriff Newell Normand and his friends in a public place, a restaurant without t their consent.

How is this different from someone recording at an event, in the mall, social activity, ball game, etc.?

What about those who record and film during a police stop?

Commercial surveillance video with recording capability?

All of these activities are filmed in a public place.

What about private investigators on domestic cases or insurance fraud investigations
This post was edited on 11/11/15 at 12:03 pm
Posted by arseinclarse
Algiers Purnt
Member since Apr 2007
34405 posts
Posted on 11/11/15 at 12:03 pm to
He's the Sheriff. He makes the rules.
Posted by tigersbb
Member since Oct 2012
10275 posts
Posted on 11/11/15 at 12:17 pm to
quote:

He's the Sheriff. He makes the rules


The federal courts might disagree.
Posted by Anonymous95
Member since Sep 2014
2074 posts
Posted on 11/11/15 at 12:42 pm to
I thought I read yesterday where they released details about recordings they found on the spy's phone too. Assuming the spy didn't give authorization for the cops to look through the phone, I imagine that's not legal either.

It seems a bunch of rules are being broken by those that were "spied" on, including arresting the kid and digging through his phone, but I'm betting the benefit to their side outweighs any subsequent penalty.

I could be talking out of my arse, since I have no idea what the laws actually are, so there's that.

Either way, I feel that everyone involved are self serving scumbags and should be run out of office. Just paid my quarterlies and I love the thought that it would take every penny of that and more and flush it down the toilet on this type of shite.
Posted by tigersbb
Member since Oct 2012
10275 posts
Posted on 11/11/15 at 12:56 pm to
quote:

It seems a bunch of rules are being broken by those that were "spied" on, including arresting the kid and digging through his phone, but I'm betting the benefit to their side outweighs any subsequent penalty. I could be talking out of my arse, since I have no idea what the laws actually are, so there's that.


Yeah, the sheriff and his allies just want to maximize the meme that Vitter was using underhand tactics.

Now they can elect not to pursue charges as no violation seems to have occurred. The recording was not shared or made public by anyone other than the sheriff.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
2917 posts
Posted on 11/11/15 at 1:35 pm to
I don't feel like doing the research on this, so take the following for what that says about it:

The specific statute can be found here.

Basically, it is against the law (felony) to record a private oral conversation unless you are part of that conversation. It is not illegal to film or photograph people who are in a public place. As I understand it, as long as the photographer is in a place that he is legally entitled to be, he may photography/film anything he can see with a few exceptions. The problem as it relates to the above statute, is the audio component.

A defense to recording the conversation of others, as I understand it, is to claim that the conversation was not private. So if you are talking out loud in a public place and someone happens to record that, it is not a violation of the law. On the other hand, a normal conversation in a booth or at a table in a restaurant may be private.
Posted by Dav
Dhan
Member since Feb 2010
8071 posts
Posted on 11/11/15 at 1:35 pm to
I'm a PI so maybe I can answer a few of these questions:

Recording video of someone in a public setting is perfectly legal. It's the audio that gets tricky. Per LA law, you cannot record someone's conversation that you are not party to...unless someone from that party gives permission.

What this kid from Texas got in trouble for was the audio and (most importantly) criminal trespass when he fled into a privately owned backyard.
Posted by Dav
Dhan
Member since Feb 2010
8071 posts
Posted on 11/11/15 at 1:36 pm to
Bear hit the nail on the head
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 11/11/15 at 1:55 pm to
David Vitter chose prostitutes over patriots. That's all you need to know
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 11/11/15 at 2:17 pm to
Nothing will come of this no matter how the Governor's race ends up.

Vitter and Normand fricking hate each other and that feud goes all the way back to the early 90s. Vitter was a pain in the arse for Normand's old boss Harry Lee who was actually corrupt as shite and they were constantly in and out of court. Normand has hated him since.
This post was edited on 11/11/15 at 2:18 pm
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 11/11/15 at 2:21 pm to
Cops are special, especially elected sheriffs.

Pretty much anything you do that upsets them can be illegal.
Posted by tigersbb
Member since Oct 2012
10275 posts
Posted on 11/11/15 at 4:18 pm to
quote:

A defense to recording the conversation of others, as I understand it, is to claim that the conversation was not private. So if you are talking out loud in a public place and someone happens to record that, it is not a violation of the law. On the other hand, a normal conversation in a booth or at a table in a restaurant may be private.


It would be a slippery slope to prosecute for a recording a conversation that was audible enough to be picked up across the room. It would all be subjective as to how public the discussion was,

I doubt they pursue prosecution they just wanted to raise the issue to create headlines.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram