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Tape recording abusive police officer? Do I have to produce ID when requested?

Asked over 2 years ago - Spokane, WA

Can I record a police officer who is being abusive, hostile and very unprofessional?

I was sitting on a bench at a park, when he walked up and demanded my ID.

He was a smart ass and I felt he was trying to pick a fight or a reason to arrest me. I would like to know if I can record him, because it's his word against mine and ya know how that plays out.

Since he is a public servant, is he protected from oneside party recording without knowing?

Did I have to produce an ID just cuz he asked for it?

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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I believe Washington like Illinois and California's laws prohibits the recording of a conversation unless all parties to the conversation consent.

See my Legal Guide Recording Conversations in Illinois

http://www.avvo.com/legal-guides/ugc/recording-...

You need a lawyer because I do not practice in WA (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. Twelve states like Illinois require all party consent to record.

The statutes are here: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73 .

Violators of the statutes can end up in jail. See RCW 9.73.080 (Penalties).

You may want to review your facts and options with an attorney. Good luck to you.

Again, check with a lawyer in your locale.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Anthony John Colleluori

Reputation Level 15

Answered over 2 years ago. Civil Rights Attorney in Huntington Station, NY.

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YOu were outside. There is no expectation of privacy, hence yes you can record your conversation with him. As for having to produce ID, Under federal law police can detain you if you fail to provide ID. OTOH your state law may offer you some protection. YOu may want to check with a legal expert at a local law school to see if you have any state protections from unreasonable requests for Identification.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Good Luck

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