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Due to a couple of close calls, I've been considering purchasing a dash cam for my vehicle. I figure having evidence of fault in the event of an accident could be helpful. The models I've been looking at record continuously, and I started thinking -- if I am pulled over by a police officer, is it legal to have a recording device rolling? I did a google search on the legality of dash cams in Texas but all that comes up are articles on how civilians don't have the right to access police dash cam footage or something like that. Any light you can shed on this would be appreciated!

Once upon a time, someone posted one that was built into the rear-view mirror and included a GPS. The PC software would combine the GPS info with Google Maps to show your route, direction & speed.

Of course, I haven't been able to find that post.

I'm not a big fan of GPS. I just want a camera that records. I don't mind if it's conspicuous or more covert, as long as it works (and is legal). :)

randomoutburst wrote:Due to a couple of close calls, I've been considering purchasing a dash cam for my vehicle. I figure having evidence of fault in the event of an accident could be helpful. The models I've been looking at record continuously, and I started thinking -- if I am pulled over by a police officer, is it legal to have a recording device rolling? I did a google search on the legality of dash cams in Texas but all that comes up are articles on how civilians don't have the right to access police dash cam footage or something like that. Any light you can shed on this would be appreciated!

Looks like you aren't the only one on this forum with this idea. The last post may be of interest to you.

Here's the one I was talking about, courtesy of LabRat: http://www.spytechs.com/Car-Cameras/dual-view-cam.htm

It is not inside a mirror as I had incorrectly remembered.

The GPS is not to help with navigation. What it will do is keep a record of what you were doing (speed, etc.) when an accident occurs, which could prove to be very valuable. It has the added ability of recording in-car video & audio.

Yes, it is legal in Texas. That is to say that it is NOT illegal.

In Texas, video and audio recording of folks is legal if at least one of the party's knows about it. Since you're the one doing the recording you're good to go.

Thanks C-dub! That's really all I was looking for.

Pawpaw - Looks cool. And the GPS feature sounds like that would indeed be valuable.

My tow truck run video and audio at all times when the ignition is on. Yes its legal

C-dub wrote:In Texas, video and audio recording of folks is legal if at least one of the party's knows about it. Since you're the one doing the recording you're good to go.

Video recording is legal with out notice but as soon as you start audio recording the premises have to be posted.

Target1911 wrote:My tow truck run video and audio at all times when the ignition is on. Yes its legal

What equipment do you use for that?

papajohn1964 wrote:

C-dub wrote:In Texas, video and audio recording of folks is legal if at least one of the party's knows about it. Since you're the one doing the recording you're good to go.

Video recording is legal with out notice but as soon as you start audio recording the premises have to be posted.

Source?

From my experience in the telecommunications industry, Texas is a "One Party Consent" state. The police do not need my consent or a warrant to record audio and video from a dash cam, while I am in a public place. I have searched and cannot find a statue that requires me to obtain permission or post a warning when I am doing the same thing. The lack of a statue making it illegal means I cannot be prosecuted for doing it.

The was big to do in MD--a real police state--where a biker posted video of a cop cutting him off, pulling his gun, and never identify himself as a LEO. The police later arrested him and charged him secretly recording him. The judge threw out the case and stated, among other things, that no one can expect privacy exist in a public place. I know it is MD and MD has a "two party consent" law.

i8godzilla wrote:

papajohn1964 wrote:

C-dub wrote:In Texas, video and audio recording of folks is legal if at least one of the party's knows about it. Since you're the one doing the recording you're good to go.

Video recording is legal with out notice but as soon as you start audio recording the premises have to be posted.

Source?

From my experience in the telecommunications industry, Texas is a "One Party Consent" state. The police do not need my consent or a warrant to record audio and video from a dash cam, while I am in a public place. I have searched and cannot find a statue that requires me to obtain permission or post a warning when I am doing the same thing. The lack of a statue making it illegal means I cannot be prosecuted for doing it.

The was big to do in MD--a real police state--where a biker posted video of a cop cutting him off, pulling his gun, and never identify himself as a LEO. The police later arrested him and charged him secretly recording him. The judge threw out the case and stated, among other things, that no one can expect privacy exist in a public place. I know it is MD and MD has a "two party consent" law.

I'm not sure if it includes public property but I know that when you install cameras in a business that no signs are required unless you are also recording audio then the property Must be posted "Video and audio recording on the premises" I will see if I can find it when I get home.

I do not have the time today to go through the TPC. However, here is an opinion from Citizen Media Law Project.

Texas Wiretapping Law

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02.Therefore, if you operate in Texas, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See Texas Crim. Proc. Code § 18.20. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or a restaurant, without consent.

The one I like better than the SpyTech version is the GoPro Motorsports camera.

Much better resolution (1080p) at 30 fps. I can read license plates on cars in both lanes beside me and it has an incredible field-of-view.

The format is .mp4 and plays well on Microsoft Media Player.

GoPro also has access to some Apple software for editing the files, etc. Never tried it, but reports are it works well.

I have mine in the front windscreen and runs every time I'm in my car. Love it.
Never needed to take it to a LEO for an issue; but I'm ready if I need to.

LabRat

If you are audio recording and no one in the conversation is aware of it (Meaning you are not part of the conversation) then it is a violation of the wiretap law. A business is not a party of every conversation that happens within it as its employees are not (if they are polite) interupting every conversation and insterting themselves into it. To be legal posting that audio recording is being done serves to notify the parties as long as the posting is in a location so that it is obvious that all visitors/customers will see it.