Legal Question in Criminal Law in California

Re: Are police officers covered under penal code 632??

It is illegal (a crime) and not admissible as evidence unless both sides are aware and agree you are recording. It covers cops as well. However, cops can record you, or anyone else in Cal. without telling you. Not only is it not a crime, it is admissible eidence to prove another crime. This is called the law enforcement exception. There is another exception that allows non-cops to record legally. That is where there is an extortion, kidnapping, etc. afoot and the victim's family is recording the callers' demands for money.

Usually posts like this come from people with drug cases where they find out their "friend" was not such a friend and recorded the drug sales conversations that will be used as evidence. Just so the cops told him to record kicks in the law enforcement exception. However, usually there is also an element of entrapment in these cases. Get a good lawyer if you have such a case!

Re: Are police officers covered under penal code 632??

A police officer can record private conversations without consent as long as she is doing so as part of her duties. Civilians may not record such conversations without consent, even if the other party is a police officer.