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lwpat, Criminal Lawyer
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I had a conversation with a person, out in a public street,

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I had a conversation with a person, out in a public street, and a third party taped the conversation. None of the information is being used for a criminal case, and I did in fact identify myself as a Law Enforcement Officer. What are the legalities.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  lwpat replied 3 years ago.
On a public street you have no expectation of privacy and there is nothing illegal about the taping. A private conversation between the two of you could be taped legally. In this society with cell phones and cameras it is always best to assume that you are being taped and act accordingly.
Customer: replied 3 years ago.
Here is one variation, I had a "wireless mic" on me, still in the street, but the taping device was in a vehicle in the street. The conversation began in the street, but the one party I was talking to invited me into the driveway a few feet, and the conversation continued.
Expert:  lwpat replied 3 years ago.
Then there was no third party present as you indicated in your original post. If you were in a reasonably public place where you could have been overheard, there is still no expectation of privacy so the recording was legal. See Stevenson v. State, 667 So.2d 410 (Fla. DCA1996); Paredes v. State, 760 So.2d 167 (Fla. DCA 2000).

An accept for my time is always appreciated.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 9 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
threw in am extra few $$. So I'm not in violation of any laws, even if the conversation started in the street, and we walked a few paces into the driveway?
Expert:  lwpat replied 3 years ago.
As long as the conversation could reasonably be overheard by someone standing on the sidewalk then the answer is that you are not in violation. However, that does not prevent the other party from claiming that you were in violation. If you are going to record stay 100% in a public place or have a third party present.

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