California Penal Code Section on Recording "Confidential" Conversations

OFF THE WIRE
Hey guys,
Below I've reprinted the California Penal Code sections pertaining to the recording of confidential conversations without the consent of both parties. I'm going to refrain from providing a legal opinion in part because the language of the statute is susceptible to interpretation one way and another whether in all circumstances or in some circumstances it would be legal/illegal to tape the officer's conversation. I recall that Mark obtained the opinion of a Northern California DA, at least as his opinion was communicated to the local police department, that there was no law in California that would prohibit one from taping a traffic stop. I assume that he must have considered Penal Code 630 et. seq. although I would be interested to know the specific bases for his opinion.

Perhaps he considered the following language determinative:

"(c) The term "confidential communication" includes any
communication carried on in circumstances as may reasonably indicate
that any party to the communication desires it to be confined to the
parties thereto, but excludes a communication made in a public
gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other
circumstance in which the parties to the communication may reasonably
expect that the communication may be overheard or recorded."

We know that Quig had his tapes of conversations with CHP officers admitted in his trial before Judge Barton, including one tape proving false the testimony of two officers that Quig wasn't wearing a helmet. We know that Mark and Don and other BOLT members here have gotten away with it. But the failure of the police to arrest and the failure of a prosecutor to file a criminal complaint, or even their failure to object to introduction of the tape into evidence at trial, cannot be equated with legality. I'm not saying that its legal or illegal. You call can read the California Penal Code sections below and make your own determination.