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KJLLAW
KJLLAW, Attorney
Category: Business Law
Satisfied Customers: 1361
Experience:  Attorney at Law Office of KJLLAW
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Any citizen can use cell phone to take photos, record voices

Customer Question

Any citizen can use cell phone to take photos, record voices in the bus, public street and inside public building (CA) Thanks.
Submitted: 1 year ago.
Category: Business Law
Expert:  KJLLAW replied 1 year ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

When in outdoor public spaces where you are legally present, you have the right to capture any image that is in plain view, that includes pictures and videos of federal buildings, transportation, subways, buses, (including airports), and also police officers. When you are on private property, the property owner sets the rules about the taking of photographs or videos. If you disobey property owners' rules, they can order you off their property (and have you arrested for trespassing if you do not comply. In California you must obtain the consent of all parties, even if you are part of the conversation, to make a recording of peoples voices. I hope this helped with your question. Anything else, just ask.

Customer: replied 1 year ago.
You stated when in outdoor public spaces where you are legally present, you have the right to capture any image that is in plain view, that includes pictures and videos of federal buildings, transportation, subways, buses, (including airports), and also police officers. How about recording of people's voices in these public areas? Do you have to tell people around you in these public places that you want to record their voices? Thanks.
Expert:  KJLLAW replied 1 year ago.

In Calufornua, the recording of voice is even prohibited in public spaces, unless you have the consent of all parties to the conversation.

Customer: replied 1 year ago.
Please provide the section of the codesthat address taking pictures and record voices in public places. Thanks.
Expert:  KJLLAW replied 1 year ago.

Good evening. The California's wiretapping law is the two party consent law. California, by statute, has made 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" An example is where there is a 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). I hope this helps you with your question.

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