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Using Voice Recorder and Interacting With LEOs

ShootinRugers

Regular Member
Joined
May 15, 2013
Messages
49
Location
Stark County, Ohio
I just upgraded to a digital from a microcassette recorder. Unbelievable difference. Where is the best place to carry the digital? With the cassette I had a battery mic plugged in so it was in a jacket or pants pocket. This mic works with the new recorder.

I have been meaning to ask this but well . . .

I notice the overwhelming majority of people on here recommened when approached by a LEO to start your conversation with, "Am I being detained?" or to never talk to a LEO or did I misunderstand something? What purpose does that serve? I've haven't been specifically approached for OCing yet.

While OCing I've been approached by a LEO once and I assumed my firearm was seen but the conversation didn't go there. Would it have if I used the Am I being detained approach? It shouldn't take but a couple seconds to know where the conversation was heading.

I do know enough not to voluteer anything. I keep my answers short as possible.
 
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OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
I always let the cop start the "conversation" first. You will likely know with a few seconds what his intentions are. Then I respond based on his intentions as I understand them from his line of questioning.

I talk to cops in my little town all the time it seems. Usually in the morning (4:30-ish in the AM) at the local 'C' store, getting coffee, while on my way to work.

I've had only two "official" encounters with my little towns cops where my firearm was his sole interest. Both years ago and none since.

I always have my recorder running no matter who the 2nd party is.

Recorder on as I step out of the house, off when I step back in the house at the end of the day.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
My recorder works beautifully in a pocket. I turn it on when I leave the house, and turn it off when I get home. If nothing happened, I erase the recording.

Since "detained" is a fuzzy legal word, I avoid it. If you have been arrested, detained, or otherwise stopped from freely moving about, legally you have been seized. However, if you ask a cop, "Have I been seized?" you will get a blank stare. Ask the opposite question: "Am I free to go?" If you are, go. If not, the only thing Ohio law requires is that you provide name, address, and date of birth--if requested. I also recommend making sure that the recording contains you saying, "I do not consent to any searches or seizures, but will not resist." Asking for the officer's supervisor can also be useful. Keep repeating "Am I free to go?" until you are.

Beyond that, I don't recommend talking to the officer.

On edit: After reading OCfM's post, I do want to add this: The above is for stops, wherein the officer uses his authority to start the interaction. I don't mind friendly unofficial chats with the local cops. I still won't talk to them about what I am doing. Say the wrong thing, and the chat can become official.
 
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dominic22

Regular Member
Joined
Jan 4, 2014
Messages
21
Location
Columbus, Ohio
Thank you guys for the information. I plan to soon start carrying a voice recorder just to get in the habit.

[I removed some of my post in order to comply with the rules.]

Sent from my SPH-L710 using Tapatalk
 
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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
... when I purchase a rifle and OC...

Please rethink this. Sidearms (handguns) are meant for daily defensive carry. Rifles are meant for when you need them. There is a reason this website does not promote rifle carry.
 

dominic22

Regular Member
Joined
Jan 4, 2014
Messages
21
Location
Columbus, Ohio
I did it again, sorry. Let me do myself a favor and make my intentions clear.

I no longer have any intention on Open carrying rifles. I do have intentions on open carrying a handgun. I want to get myself in the habit of carrying a voice recorder. Get used to turning it on and making sure it's with me. And turning it off when getting home.


Sent from my SPH-L710 using Tapatalk
 

samkent

Regular Member
Joined
Aug 1, 2013
Messages
73
Location
ohio
If not, the only thing Ohio law requires is that you provide name, address, and date of birth--if requested.
Doesn't that depend on the circumstances surrounding the 'location'?
As far as I know you cannot be compelled to state your idenity if you are legally walking down the street. Only after they arrest/detain you must you tell them who you are.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Thank you guys for the information. I plan to soon start carrying a voice recorder just to get in the habit.

[I removed some of my post in order to comply with the rules.]

Sent from my SPH-L710 using Tapatalk

Just remember ... you are recording evidence that could be used against you too.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Doesn't that depend on the circumstances surrounding the 'location'?
As far as I know you cannot be compelled to state your idenity if you are legally walking down the street. Only after they arrest/detain you must you tell them who you are.

If you are not "free to go," you have been detained. If you are lawfully detained (the cop has RAS), Ohio law requires you to provide name, address, and DOB. If you are detained, it may not be lawful, in which case you need not identify yourself. The problem with that is that you have no way of knowing if a detention is lawful. I recommend assuming that all are. If you are illegally detained, you can deal with that after the fact. If you assume that a detention is illegal and refuse to identify yourself, you will be breaking the law if you are wrong. And it is very easy to be wrong!
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Just remember ... you are recording evidence that could be used against you too.

Only if one is stupid enough to talk to the cop or to commit a crime during the recording. I can't speak for you, but I am smart enough not to do those things.
 
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ShootinRugers

Regular Member
Joined
May 15, 2013
Messages
49
Location
Stark County, Ohio
I always let the cop start the "conversation" first. You will likely know with a few seconds what his intentions are. Then I respond based on his intentions as I understand them from his line of questioning.

Recorder on as I step out of the house, off when I step back in the house at the end of the day.

This is what I kept thinking that within a few seconds you should see where the conversation is going. When I read the posts it always seemed like whenever a cop said anything to anyone their first response was "Am I being detained." But then reading eye95's edit cleared up the misunderstanding. Thanks

I know the digital recorder fits almost anywhere. I've carry a micro-cassette since the mid-90s and was limited to about 45 minutes of conversation and plus the extra size of it.

My recorder works beautifully in a pocket. I turn it on when I leave the house, and turn it off when I get home. If nothing happened, I erase the recording.

On edit: After reading OCfM's post, I do want to add this: The above is for stops, wherein the officer uses his authority to start the interaction. I don't mind friendly unofficial chats with the local cops. I still won't talk to them about what I am doing. Say the wrong thing, and the chat can become official.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Only if one is stupid enough to talk to the cop or to commit a crime during the recording. I can't speak for you, but I am smart enough not to do those things.

well, when you are recording, you don't know why the cop is coming up to you ... plus, look at cases where the video seems to show that the carrier was 100% in the right ... but it did not help them. Some people (ie jurists) will see the carrying of a recorder as an indication that your are weird whether its OK or not...just odd behavior they'll think. A person looking for confrontation.

Many people have recorded thinking it would help them and it does - right to prison.
 
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