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Old February 7, 2012, 11:42 AM   #20
2damnold4this
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Join Date: August 12, 2009
Location: Athens, Georgia
Posts: 2,526
Quote:
This doesn't hold water, IMHO. "Cell phone" (or any recording/video equipment) does not equal RAS.

In fact, I would recommend a recording device be turned on prior to the encounter. LEO's, in their official capacity, have no expectation of privacy, BTW.

Now on the other hand if the poster is implying that a device in the hand may be (mis)construed as a weapon, then I would agree.
I think the OP might be thinking about police seeing a cell phone or something that looks like a cell phone in your hand while driving. That could give them probable cause to stop you in a state that prohibits texting while driving or cell phone use while driving.

As to recording encounters with the police, I agree that they should have no expectation of privacy when performing their jobs in public. Unfortunately, recording a police officer without consent of the officer can get you arrested in some states.
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