OMV Guard Says It's Illegal to Carry a Digital Voice Recorder in their Office

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  • XD-GEM

    XD-GEM
    Premium Member
    Rating - 100%
    7   0   0
    Jun 8, 2008
    2,529
    48
    New Orleans
    Today I had to bring my mother-in-law to the Office of Motor Vehicles to straighten out a problem with her registration. We went to the Harvey Office on the Westbank Expressway. Now, I knew they prohibit weapons there (in the past, they tried to confiscate my Swiss Army knife) so, of course I left anything I thought they might even remotely call a weapon in the car.

    As we went through the metal detector, with all the scary "no weapons" signs all around, the machine sounded off on me. The guard asked for whatever was in my shirt pocket, as she could see it sagging. I had forgotten that the digital voice recorder I usually carry was in my shirt pocket; so I held it up to her saying I forgot it was there. She grabbed it out of my hand and yelled at me.

    "It's illegal to bring one of those in here!"

    "You're kidding." I replied.

    "No, you might record what someone says and then use it against them in court. So you can't have it."

    Well, since my mother-in-law was already somewhat upset at having to face the OMV folks anyway, I apologized to the guard and pled ignorance of the law, saying it was just something I always carried around everyday, and knowing full well that I'd have called for her supervisor if I were alone. She said she'd hold it for me and would give it back when I left.

    The business at the OMV counter went surprisingly quickly and my mother-in-law was greatly relieved to be leaving the place. I took my DVR back from the guard and said that I thought that was the stupidest prohibition I'd ever heard of. Then I asked if there was a sign anywhere and began to look for one. My mother-in-law started to get nervous and the guard went into the back room, so we left. As I was going out the door, I heard the guard calling to someone in the back that there was a guy "complaining about the law."

    When I got home, I did a fairly lengthy search of the state laws at the Louisiana Legislative website; and as I suspected, found no such law anywhere. The closest is RS 15:1303 "Interception and disclosure of wire, electronic, or oral communications" - the anti-wiretapping and eavesdropping law. The law doesn't have any sort of prohibition against having a recorder in any state office building, but it is intended to prevent people from randomly recording other people's private conversations.

    The kicker is that it specifically ALLOWS you to secretly record any conversation that YOU are a party to [RS 15:1303, C. (4)]. So everyone who wants to carry a recorder, feel free to use it as long as you are one of the people talking.

    Next I think I'll write a complaint letter to the Secretary of the Department.
     

    CajunTim

    Premium CoonAss Member
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    20   0   0
    Oct 19, 2006
    2,631
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    Mandeville, LA
    I had one when I worked for the state and was told I had to notify everyone including coworkers if I ever recorded them.
    Apparently someone had recorded a phone conversation of a coworker about calling in sick or something and they couldn't hold it against him because he did not know he was being recorded.

    Don't know though.
     

    Akajun

    Go away,Batin...
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    44   0   0
    Apr 10, 2008
    1,923
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    Brusly
    There is no law against recording a conversation you are a part of, or any law about bring ing a tape recorder into a DMV or State Office building. However there is a policy at the DMV that you cant bring an electronic device into an area where there is testing being conducted.

    I know this bc the DMV in Port Allen does the testing in some school desks next to the counter. I was getting a trailer registered, and recieved a call on my cellphone. The woman told me I would have to take the phone outside or turn it off and pointed to the sign saying NO ELECTRONIC DEVICES IN THE TESTING AREA.
     

    mcinfantry

    *Banned*
    Rating - 100%
    9   0   0
    Mar 6, 2008
    1,960
    36
    Watson, La
    Today I had to bring my mother-in-law to the Office of Motor Vehicles to straighten out a problem with her registration. We went to the Harvey Office on the Westbank Expressway. Now, I knew they prohibit weapons there (in the past, they tried to confiscate my Swiss Army knife) so, of course I left anything I thought they might even remotely call a weapon in the car.

    As we went through the metal detector, with all the scary "no weapons" signs all around, the machine sounded off on me. The guard asked for whatever was in my shirt pocket, as she could see it sagging. I had forgotten that the digital voice recorder I usually carry was in my shirt pocket; so I held it up to her saying I forgot it was there. She grabbed it out of my hand and yelled at me.

    "It's illegal to bring one of those in here!"

    "You're kidding." I replied.

    "No, you might record what someone says and then use it against them in court. So you can't have it."

    Well, since my mother-in-law was already somewhat upset at having to face the OMV folks anyway, I apologized to the guard and pled ignorance of the law, saying it was just something I always carried around everyday, and knowing full well that I'd have called for her supervisor if I were alone. She said she'd hold it for me and would give it back when I left.

    The business at the OMV counter went surprisingly quickly and my mother-in-law was greatly relieved to be leaving the place. I took my DVR back from the guard and said that I thought that was the stupidest prohibition I'd ever heard of. Then I asked if there was a sign anywhere and began to look for one. My mother-in-law started to get nervous and the guard went into the back room, so we left. As I was going out the door, I heard the guard calling to someone in the back that there was a guy "complaining about the law."

    When I got home, I did a fairly lengthy search of the state laws at the Louisiana Legislative website; and as I suspected, found no such law anywhere. The closest is RS 15:1303 "Interception and disclosure of wire, electronic, or oral communications" - the anti-wiretapping and eavesdropping law. The law doesn't have any sort of prohibition against having a recorder in any state office building, but it is intended to prevent people from randomly recording other people's private conversations.

    The kicker is that it specifically ALLOWS you to secretly record any conversation that YOU are a party to [RS 15:1303, C. (4)]. So everyone who wants to carry a recorder, feel free to use it as long as you are one of the people talking.

    Next I think I'll write a complaint letter to the Secretary of the Department.

    louisiana is a one party state. as long as ONE person in a conversation is aware of the recording, its legal.

    i recorded many police conversations of suspects and lying administration, and i continue to do so as a private investigator.

    i am not a lawyer! thats NOT legal advice
     

    XD-GEM

    XD-GEM
    Premium Member
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    7   0   0
    Jun 8, 2008
    2,529
    48
    New Orleans
    However there is a policy at the DMV that you cant bring an electronic device into an area where there is testing being conducted.

    That would make sense, but they should limit it to the testing area. At the Harvey office, there are MANY other parts of the office. The testing area is a separate part of the area. However, the guard's stated reason was to keep employees from getting sued over something they said.
     

    Praesul Presul

    On Target.....Sometimes
    Rating - 100%
    3   0   0
    May 15, 2008
    834
    16
    Western KY
    Probably needed just to keep the OMV from seeing how ignorant some of their employees are.

    I just went to BR's the other day, stopped at the front desk and asked "I am changing my address on my license do I need my registration or anything for changing my vehicles?" And nope was the reply. Get to the desk and the woman says "Where's your proof of insurance??" Luckily she was nice enough to let me run out to the truck real quick. I went with my wife and she went to another desk, and he asked the same and then said get lost. She came to me and the lady waiting on me did her's too.
     

    mb504

    Better than Cheese
    Rating - 100%
    4   0   0
    Oct 13, 2008
    338
    16
    New Orleans
    Probably needed just to keep the OMV from seeing how ignorant some of their employees are.

    I just went to BR's the other day, stopped at the front desk and asked "I am changing my address on my license do I need my registration or anything for changing my vehicles?" And nope was the reply. Get to the desk and the woman says "Where's your proof of insurance??" Luckily she was nice enough to let me run out to the truck real quick. I went with my wife and she went to another desk, and he asked the same and then said get lost. She came to me and the lady waiting on me did her's too.

    So if you don't own a vehicle, how do you get your address changed to comply with the law?

    Just tell them you don't personally own a vehicle. Simple enough.
     

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