Recording the Police, Co-Workers, and Others: What attorneys need to know

Sophia Cope | Electronic Frontier Foundation

Sophia Cope is a Senior Staff Attorney on the Electronic Frontier Foundation’s civil liberties team, working on a variety of free speech and privacy issues. She has been a civil liberties attorney for two decades and has experience in both litigation and policy advocacy. She previously worked at the News Media Alliance, the Center for Democracy and Technology, and the First Amendment Project. She is a graduate of Santa Clara University and University of California College of the Law, San Francisco (UC Law SF, formerly UC Hastings).

Jeffrey D. Wohl | Paul Hastings LLP

Jeffrey Wohl is a partner in the Paul Hastings Employment Law Department in San Francisco. Over his four-decade career, Mr. Wohl has practiced every aspect of employment law, including litigation and client counseling in the areas of equal employment opportunity, harassment and retaliation, disability accommodation, wrongful termination, privacy, and wage-and-hour. Mr. Wohl is a frequent speaker on employment law topics and is a Fellow of the College of Labor and Employment Lawyers.

James Murray | Paul Hastings LLP

James Murray is an associate in the Paul Hastings Employment Law Department in Washington, D.C. Mr. Murray’s practice focuses on employment counseling and collective and class action litigation defense.

Before joining Paul Hastings, Mr. Murray served as the Vice Mayor of Ashland, Virginia, where he gained valuable, first-hand experience with organizational leadership, public relations, crisis planning and communications, and political lobbying.

Session I – The First Amendment Right to Record the Police | 1:00pm – 2:00pm

• Legal Precedents and Circuit Decisions | 1:00pm – 1:15pm
• Consensus Rule and Special Circumstances | 1:15pm – 1:30pm
• Practical Considerations for Recording Police | 1:30pm – 1:45pm
• Role of Citizen Recording in Police Accountability | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

Session II – Making a Record: Understanding surreptitious-recording laws | 2:10pm – 3:10pm

• Understanding Recording Laws | 2:10pm – 2:20pm
  • Definition of recording conversations
  • Federal and state laws governing recording practices
  • Distinction between one-party and two-party consent states
  • Discussion on wiretapping statutes and exceptions
• Recording Interactions with Law Enforcement | 2:20pm – 2:35pm
  • Rights and limitations when recording encounters with police officers
  • Analysis of the First Amendment implications
  • Review of notable court cases shaping the legal landscape
  • Practical advice for individuals interacting with law enforcement
• Recording in Public Spaces | 2:35pm –2:50pm
  • Understanding privacy expectations in public areas
  • Applicability of recording laws in public areas
  • Considerations for recording protests, demonstrations, and public gatherings
  • Balancing First Amendment rights with privacy concerns
• Recording in Private Spaces | 2:50pm – 3:00pm
  • Understanding expectations of privacy in private residences, businesses, and others
  • Consent requirements for recording conversations in private spaces
  • Legal precedents regarding hidden cameras and audio recording devices
• Recording in the Workplace | 3:00pm – 3:10pm
  • Legal framework for recording conversations in the workplace
  • Employee rights and employer obligations regarding workplace surveillance
  • Handling disputes arising from workplace recordings

Break | 3:10pm – 3:20pm

Session III – Ethical Considerations and Best Practices | 3:20pm – 4:20pm

• • Ethical implications of recording conversations
  • Duty to inform parties about recording practices
  • Safeguarding confidentiality and attorney-client privilege
  • Practical guidance for attorneys navigating recording-related issues