Palo Alto, CA asked in Criminal Law, Personal Injury, Landlord - Tenant and Sexual Harassment for California

Q: What's the exception for the Penal Code section 632? Is "gathering information of a criminal violation" an exception?

I know that there will be the exception for the Penal Code Section 632 about secret recordings. Is "gathering information of a criminal violation" an exception? When a person A had been committing a series of crimes of sexual harassments and sexual assaults against another person B, when a landlord intentionally exercised racial discriminations against that person B, and the landlord also intentionally defamed the person B with all falsified claims to unlawfully damage that person B's reputation... and in order to gather information of their (person A & the landlord's) unlawful activities, that person B, who would be harmed by defamation, be injured by the sexual assaults and harassment, be harmed by the landlord's racial discrimination, recorded the conversations (between the person A and the landlord, and that person B himself), will the person B violate the Penal Code 632 or not? Could the court allow the recordings to be used as evidence in this case?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: One exception is if you are recording police or other public officials carrying out their job responsibilities. If those activities are visible from publicly accessible places, such as parks or streets, you have the right to record video without their permission. The law also does not prohibit making videos of government proceedings that are open to members of the public.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.