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Audio Recording

JohnM15A

Regular Member
Joined
Mar 10, 2013
Messages
234
Location
Woodbridge, VA
In VA I have a recorder running while carrying to help protect me if I am ever in an altercation or arrested. In VA recording is allowed if one party knows the recording in taking place. Does OR have the same rules? Does anyone record in OR?

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davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Well, some people confuse telephone recording with face to face recording.

Suggest you visit your state statues and seek out eavesdropping statues (if there even are any).
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Oregon is a one party consent state.
LINK to ORS 165.540
Read and be careful, there are some areas that could trip a person up.

(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.

??
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
You can record, just don't start the recording until you need it and then inform everybody you are recording. It's not as useful and a pain in the neck but it can still provide some assurance that facts of a detainment or similar are preserved.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
There is some disagreement as to whether you must inform in order to audio record when in a public location. Several circuit courts (but not our 9th) have gone on record with precedent that it is protected activity so long as it is not done clandestinely (i.e. audio recorder, cell phone, or video camera in hand and not hidden) while in a public place.

However, since the 9th hasn't set precedent for us here in Oregon, the other circuits are useable but not precedent that must be followed and you could end up a test case. Best bet is to either turn it on after you say "I am audio recording" or leave it on and wear say that to everyone you come in contact with....not particularly endearing to folks you don't know. You could probably get away with a sign that says "I am audio recording" but there is no precedent in the 9th for that either.

The one thing that you should be well aware of is that you DO NOT need PERMISSION to record, you just have to inform that you are (to avoid any possibility of becoming a test case).
 
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