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
Answered
  • 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.

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