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Originally posted by jprophet420
Of course you're begging me Craig, you stand to make money from it. The $2500 dollar fine would more than be covered by the escalated sales on your website.
Originally posted by Craig Ranke CIT
Actually that interpretation is correct it just doesn't apply to my situation.
But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001)
From your previous few replies, it appears that you have nothing constructive to add to the thread, other than to accuse Craig of a crime that he didn't commit.
Originally posted by jprophet420
I suppose you also assumed my 'interpretation' was incorrect.
Originally posted by Craig Ranke CIT
Originally posted by jprophet420
I suppose you also assumed my 'interpretation' was incorrect.
Absolutely.
It has no bearing to my situation since I was a party to the private conversation.
Since I was a party to it, my consent is all that is required.
[edit on 6-5-2009 by Craig Ranke CIT]
Originally posted by jprophet420
..it was case law...
In the interview room, the detective read appellant his Miranda rights. The mother's boyfriend, who identified himself as appellant's stepfather, indicated appellant would make no statements until he consulted with an attorney. Detective Gandy "felt it would be best if [appellant] consulted a lawyer before anything was said." The detective then left the interview room and went to the "monitoring room," which contained equipment that allowed him to overhear conversations in the interview room. The detective testified he allowed appellant, his mother and the mother's boyfriend to remain in the interview room because the detective had "some paperwork to complete" and he wanted to see if they would talk to each other.
Detective Gandy then electronically overheard a "whispered" conversation between appellant and his mother's boyfriend. The detective testified he overheard appellant say that "their other son may be involved also." Appellant whispered that "he didn't know how the police found out." He said, "Demetrius must have told them." Detective Gandy indicated it appeared appellant was trying to "hide" the conversation.
Appellant filed a motion to suppress the statements "overheard" by Detective Gandy.
...
We begin our analysis with the definition of "oral communication" under Code § 19.2-61. Code § 19.2-61 states, "'Oral communication' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication . . . ." "Thus, an oral communication is not protected by Chapter 6 unless (1) the speaker exhibits the expectation that his conversation will not be intercepted, and (2) the circumstances justify the expectation of noninterception."
...
For these reasons, we hold that the trial court did not err when it denied the motion to suppress [the
*.pdf link.
Originally posted by jprophet420
Right, but as i pointed out, it wasnt my interpretation, it was case law. So you can assume its wrong all you want but the state of Virginia says its right.
Originally posted by Craig Ranke CIT
Now if I was recording a private conversation between him and his wife and he didn't know I was there, that would have been illegal.
Thus, an oral communication is not protected by Chapter 6 unless (1) the speaker exhibits the expectation that his conversation will not be intercepted, and (2) the circumstances justify the expectation of noninterception."
One thing that keeps jumping out at me is the two pictures of the pole, do the bends look different ? I noticed this on one of Craigs threads first and now on this one. Maybe it is just the angle, but they do not look the same to me. Probably nothing. Just wanted to say.
edit to add: also the housing around the top two mounting bolts. The bottom pic shows the housing to be bent a lot more than the top? The bolt in the top pic is almost in the corner and the bottom pic it is down a few inches.
Forgive me if this has been asked before, but what is the deal with that perfect curve in the light pole that supposedly hit Lloyde's car? If something impacted against it at extreme velocity, wouldn't it just bend over with a crimp below the impact point? Wouldn't one part have bent over the wing...
Originally posted by Chronogoblin
reply to post by SPreston
Forgive me if this has been asked before, but what is the deal with that perfect curve in the light pole that supposedly hit Lloyde's car? If something impacted against it at extreme velocity, wouldn't it just bend over with a crimp below the impact point? Wouldn't one part have bent over the wing, whilst the lower part bent away from the plane, like some kind of odd question mark? It looks like someone bent it in a machine shop. The first thought that entered my head was; "That reminds me of the guys on American Chopper, bending the handlebars of a bike." That's uncanny, and I would imagine, highly improbable...
Chrono