@@SF2K01 Audio recording is incidental to the main purpose of a dashcam. A device that only records audio, especially if it's concealed is a completely different matter, and it's going to be awkward to explain the legitimate justification for it. And while some of the reasoning behind wiretapping laws is based on a reasonable expectation of privacy it's what the law actually says that matters, and what all of the laws say is that you need to be a party to the conversation to legally record it.
@@suedenim9208 Many cars nowadays come with hidden microphones installed. And GPS trackers. It's called "OnStar" for GM cards, and some other name for Toyota... :)
If I recall from watching whistlindiesel's video a while back, he made one huge mistake: He didn't press charges. The thief is free to steal again, which he will.
Agreed. The perp was a liar and a thief and who knows what else. He essentially got away with it, having only given back the property with an apology. Since the chances of being caught are generally very low, this is not much of a deterrent to others.
@@TheAncient11545 Well, the thief wasn't very smart. I'm not a thief, but I would imagine if I stole from you, I wouldn't go back to steal from you again, since that just raises my chances of getting caught, which is exactly what happened. If he hadn't come back for more stuff, he would have gotten away with it since its unlikely they would have ever tracked him down. But I don't really think like a thief, so IDK if they care about getting caught. I'm always with the "I'm going to get caught" bias, which is why I never steal even if it looks like an easy target.
The real reason he didn't press charges is because the police would have confiscated his stuff that he just recovered and held onto it as evidence until the end of the trial.
A couple years ago my wife was at a hospital while her mother passed away. While there she left her iPad at the hospital coffee shop. She went immediately back to retrieve it but it was gone. The ladies that worked at the coffee shop said they hadn’t seen it. Later that night I noticed some new videos showed up on our iCloud. Our devices were linked so I could see videos the thief took with my wife’s iPad. The thief took a selfy and it was one of the women that worked at the coffee shop in the hospital. Also we were able to determine the address where the device was through find my iPad. The next day I went to the hospital to report the iPad stolen. Showed the video to hospital security and told them it was there employee in the video. Long story short, nothing came of it. Hospital said they would investigate but never heard from them. When I returned home some more videos appeared. It was a couple days before Christmas and the women apparently gave the iPad to her 12-14 year old daughter. I then called Apple and they were able to deactivate the IPad. Lesson learned. Wife’s new iPad had the password activated. Also you can show the police who stole your stuff and where it is but that doesn’t mean you’ll get it back.
Hospital security may or may not be police officers. They likely have limited authority and training to handle situations like this. So, take the issue of the chain both inside and outside the hospital. Call and talk to hospital administrators. They should have a vested interest in not wanting thieves working in their facility. Call the local police or sheriff, real law enforcement officers. Work your way up their supervisors. Contact your local prosecutor or the county prosecutor.
Wow, crazy. If it was recent, can you alert more people -- like call the hospital out on social media. Pretty ridiculous that a hospital employs thieves
That was my experience when someone took stuff out of my garage. Had face shots from the security videos and an address with witnesses that they never saw him with the stuff until after I had my stuff stolen. They wouldn't do anything about it. Turned in a tip that he was dealing out of the house and they showed up with a warrant a few hours later. They still didn't want to press charges for stilling my stuff until I handed them a notice of intent to suit the city for not doing anything. Then they took a prea bargin for probation and a fine when he grabbed enough stuff for a felony. And, they did find drugs in the house. They also accepted a plea deal for probation and a fine. I've completely lost faith in the local police and justice system at this point.
@@PetrolJunkie I agree that in some places the criminal justice system sucks, NYC and LA for example. But, it is all to common for victims to not follow through with prosecution once they get their property back.
@@BryanTorok The problem is that it's common place. People don't do it because the system makes it impossible to follow through. I was blocked by the police officers that investigated, even the ADA that prosecuted the case didn't want to follow through with the theft charges because it was minor compared to the drugs. He was handed the same punishment for both, which one is a bigger issue? Was he likely stealing to pay for his drugs? Yes. That is the problem, they need to prosecute the totality of the crime, not just individual aspects.
I'm curious how one could get in trouble for wiretapping? If I put a recording device on my own property and someone then steals it, they've also stolen the recording device. I'm fairly certain you could argue in court that you didn't wiretap anyone as you installed the device before the theft and you can't wiretap yourself. If I'm wrong here then someone could steal your security camera right off your house and then claim you wiretapped them by recording them without permission? It's an absurd premise to me.
I think that it would HEAVILY vary state to state, but I would guess the premise of the rule would be to prevent setting bait traps to crimes unrelated to the theft, and that it is rather unnecessary to have a recording device for a location tracker if the express purpose is to locate your stuff. Though I could see it going both ways in courts.
@@joed9138 A great way to understand a law is to read it. 18 U.S. Code § 2511 is the law (in the USA) in this case and is easy to find online. Usually in order to record or monitor a conversation, one party must consent. So you can record a conversation you are a part of. (a call to a friend) But you can't put a secret recording devise in the friend's car and listen to him talk to others. Some US states require both or all to consent. Check your with a simple online search. It's important to remember this is a criminal statue. So in your example where some steals your camera and then claims to be wire tapped, they can't charge you with a crime, they must report it and Law Enforcement would have to press the charges. Extremely unlikely in a case where the device was stolen. The only way I can think of this happening is if your intension was to have the device stolen and then to record or listen into the conversation.
I understand the need for privacy laws… but I have no moral objection to a person placing a recording device on a piece of property they own and that is on their property. If a person steals said property off private property, the thief has no expectation of privacy. They stole the recording device off private property.
Yeah I wonder if the same laws apply when someone steals property that happens to be able to record. They wouldn't have been recorded if they weren't stealing. You'd think something like the Clean Hands doctrine would apply at the very least
We keep trackers on our vehicles, utility trailer, and yard tractor - just in case..... Btw, Onstar will track vehicles for the police. I also had one on me when conducting surveillance in remote areas for my wife and c-workers knew where I was located for safety purposes.
you are correct, they do work great when your dog gets out. had my dog get out a couple of times and the whistle very accurately lets me know how much progress she has made towards the coffee shop on our normal walking path expecting to find whipped cream when she gets there
Stolen property is such a low priority for the cops that, whether legal or not, self-help is the only way you're getting your stuff back. Also, airtags will notify thieves that they are being tracked. Keep that in mind if you want to use them to protect your property.
That's all great when you have cops that listen to you. Most of my interactions with local LE, when I call them, ends up with them looking at me like I've done something wrong.
Please, OH PLEASE, the next time I'm called for jury duty, let it be for someone who got in trouble for breaking wiretapping laws WHEN TRACKING THEIR OWN PROPERTY THAT GOT STOLEN! Or, maybe some homeowner getting sued by a thief who got hurt while trying to break in. That would be a good one, too.....
So if you can’t have a recording device in your own property if it’s stolen, what if your phone is stolen? Are you violating the law by having your phone stolen?
I watched the original video and loved it. Great take on the topic. Tell your family that a guy on the internet says you're hip because you are up-to-date on internet happenings like this
I sometimes watch the murder investigation "reality show" The First 48. The detectives often invite the suspect to "tell us your side of the story", and the suspect often proceeds to talk, and talk, and talk.
I have a neighbor who steals and vandalizes the property all the time. He generally disables the cameras before he leaves. He even emails me about what he did. Shot my car windshield, damaged solar panels, disabled my truck and on and on. Finally I got him one night. I got video of him stealing my kittens right in front of my garage. Took it to the police and told them who did it. Nothing happens. 4 days later one kitten escapes and comes home. I track her footprints to his place, staying away from his property to cover my behind. Police do nothing but tell me to leave my neighbor alone or I can go to jail. 9 years later I am building a fortress around my front 2 acres. He has free access to my 15 acre wooded lot, taking trees at will. Cops are either too lazy or he has friends on the force. Sheriff and State Police share the same office so no help going higher. I sold all I had to pay for fencing to close in the front property.
Really enjoyable! Always repeating the most important points in your videos: 1.) Don't talk to the police 2.) Check your local regulations 3.) Be cautious When watching your videos, we start it with a small bet/game: Which of the three points will appear how often? It's just great how you transport your messages, repeat them to make them "stick"... and this together with really competent discussed content. Great work!
In my opinion, you waive your right to claim your being tracked, privacy invaded, etc, once you steal my stuff or commit any crime. Once you steal something, etc, you have no right to do that.
When my car was stollen from a service station repairing it 30 years ago and I told the insurance company that I may know where it is located and I might be able to get it back and return them the insurance payout; their representative told me that if I touched the car, then they would prosecute me for theft. (No good deed goes unpunished?)
This happened just recently in San Antonio. Guy's truck was stolen and he tracked it to a mall where he confronted the thief and gunfire broke out and the thief was killed. Sounds like a happy ending to me, but the guy will probably be charged for killing him.
In the State of Alabama, to record a legal conversation is for at least one member of the the conversation to know that the conversation is being recorded. I can record a conversation between me and another person, and that recording is perfectly acceptable and legal for legal purposes.
Is there a difference of using a GPS rather than wiretapping to recover stolen property? Companies that utilize GPSs on transportation units ie semi tractors and vehicle rentals, used to aid in recovery, not to mention determining whether drivers are or are not speeding.
What if you use the illegal tracker but disable the mic before use? Would that work if you find your stolen item with the tracker and can prove that there is no audio via the device?
Here's a question. We are in Colorado, so the .aws maybe different, but...How do you recommend we respond when police come to make a "wellness check"? A while back, my husbands boss called the police to do a "wellness check" on him. (The details aren't important, but I was home with my husband, and is boss knew this. So it was pretty absurd). We've also heard many stories of police shooting the person who they should be "checking". What should we do if the police come knocking and announcing a "wellness check"? Do we have to letter in or talk to them?
Something similar has happened to me twice. I have had cops show up at my door, once thinking I kidnapped a person…my wife…after a road flagger called 9-1-1. She had been singing. The flagger thought screaming. Two other times cops showed up thinking that someone from the house called 9-1-1, once at 2 AM. At the 2AM incident I was armed until I saw the flashing lights through the window. I was not when I opened the door (I also have a locked glass storm door). The first and second visits I produced my wife at the front door (we all had a good laugh with the singing incident). The most recent time I just told the cop we didn’t make the call. We don’t even have a working land line. In all cases the cops were truly concerned. I could have slammed my door in their faces….or not opened it at all. At no time did they try to enter my house. It was all respectful. Courtesy and being rational go a long way.
Now see, this is the legal advice from UA-cam videos I look for. The last part is gold...you screwed up and now what to do? Most vids are just "I didnt do it" defense. Well what if you DID do it??? Everyone screws up in life... Excellent video!
Suppose the thief’s garage was unattended? What is the legality of retrieving your own stolen property (fully recognizing that whether or not it is prudent to do so is another question entirely.)
Technically in some jurisdictions they could get you for trespassing but in order to do so they'd basically have to admit you were trespassing to retrieve your stolen property. So would you confess to stealing property in order to report trespassing?
You would be Trespassing at the very least. Even if you recognize something that you can verify is yours from outside the property line you don't have any rights to enter the property uninvited.
@@TheFinagle it gets dicey at that point, if the perpetrator is ever present...and you've satisfied the local jurisdictional requirements to perform a citizens arrest. you could enter their property, but you could not forcibly enter their residence.
Andrew Flusche thanks for the content. I am worried, I know some people that have suspended license but no notification for this. One of them got license suspended around two months no dmv Virginia notification. Apparently the reason was he don't pay for a ticket, but he does. Insurance company do not notify and is suspended. The police take his driver license and don't return it. How he should be ok for court. Is lawful that police take the license?
I don't understand how it can possibly violate anyone's "privacy" to plant a listening device on YOUR property. A thief doesn't _magically_ have a right to privacy while in a vehicle that doesn't belong to him.
I think WhitlinDiesel did a great job!! I think I would not confront a stranger about a sensitive issue like that. However, several times I have not said anything to authorities, they put me into a mental institution for not talking with them!! NOW, I have a RECORD!
As for recording conversation it depends if you're in a two-party consent state or one party consent state in one party consent State as long as you're part of the group or party you can record it but in the two-party consent the other person has to consent
First, I want to preface this with the fact that I understand that laws many times are anti-intuitive which is why the layman needs a lawyer in the first place, so I am not disputing what you are saying I just don't understand the logic of the law. I am confused about not being able to have a device hid on your own property that has the ability to record. I understand in a way how it breaks wire tapping laws but what I don't understand is how it does it when its hid on your own property. I mean it is not the victims fault that a crook decided to steal from them and it seems like the rightful owner of the propertie's rights to use their own property as they see fit would trump the crooks rights. Also what if the crook steals something that is built with recording devices built in such as a laptop etc... (does the fact that they have them built in imply that the crook should have assumed they had recording devices in them so the wiretap law wouldn't apply? If so then what happens if the crook steals the same laptop because it was say hidden inside of luggage - they then did not know they had something with recording capabilities so would that again open up the rightful owner to wiretap laws because of the crooks ignorance? Awesome work on your videos by the way and again I am not disputing what you are saying just don't understand but I know first hand from going to small claims court that laws many times are not always logical and many times are right backwards from the way the average person would think they would be.
Before I watch the video: If I actually follow someone who stole my stuff, I'm not worried if it's legal. It's about to get "Extra-Judicial" and involve a shovel and the desert. But now to watch and see if putting trackers on my own stuff to use that to help the police locate the thief is a good idea. :P
What if they steal my iPhone and it records their conversation, including admission of a crime, and why is that different than any other stolen recording property?
At first I thought this guy was going to do something stupid and confront the thief. Glad to see he called the police like that. I can't stand thieves.
I have only two rules when I encounter the police, the second in three parts. 1. Invoke my right not to answer questions. 2. (a) Shut up. 2. (b) Shut up. 2. (c) Shut up.
You hit that right on the head the victim has to play investigator and give over whelming evidence to Law Enforcement and maybe just maybe you can get one to pull away from harassing these massive crimes there so interested in like people who are speeding
Personally, what I think the thief should have done is not steal. Rules against compelled self-incrimination are in place to protect the innocent, not the guilty. A lot of people forget that. Here in the US, I support the Fifth Amendment because talking to police (for example) can lead to wrongful convictions.
If I were the police and the person I am talking to says “I’m not saying anything without a lawyer” then I would be much more highly suspicious and double my efforts to get that warrant.
@@HighAdmiral I’m no law enforcement. I’m just playing devils’s advocate and showing what the likely thinking process would be for many individuals in that situation.
Virginia is a one-party state: you can record whatever you want that you are a party to. If someone steals MY recording device, and I activate it, then I am a party to it. It's no different than someone stealing my phone and I call my phone's number. I am the informed party on the call, and that's all you need. That is also the federal law. Some Communist states like Maryland may have a different law, but since I was sitting in Virginia the whole time, not an issue. Going hunting for airtags or having your stolen laptop phone home with its GPS location are two other different things, but I can't see how that could be illegal either. If there is case law to the contrary of any of this, I would be interested to learn. Note that regarding the wiretapping: you can't bug third parties (even cops need a warrant) again unless you are a party. And you can't place bugs on other people's stuff. Your real problem is: What do you think you are going to do once you know where your stuff is? I suggest you bring a cop. Then you won't need a lawyer right away LOL. (Now having actually watched the rest of the vid: ah yuppers.)
OK, I get the safety tip, "don't confront the thief". Now, let's talk legally. What cam I allowed to do in order to reclaim my stolen property? If I know for a fact, the property stolen from me is located in a locked gate (maybe I see my bedazzled pink bicycle), am I LEGALLY allowed to retrieve my property? Am I allowed to legally use force to recover my property? At what point does my force become illegal?
I have an issue with the statement that a recording device would run afoul of the law. I don't believe that is true. The only law in VA that I think would apply would be Virginia Code § 19.2-62, which makes it a violation to "intentionally" intercept communications between two parties. If I have hidden a recorder on my property, that is legal. I have no specific intent to record any communications between anyone but myself while I am with the property or maybe the surroundings (assuming the device is kept in my house or garage etc). If someone steals it, and has a conversation...there is no way for me control that and I don't think the state would even prosecute me. But if they did, they would need to prove that I specifically intended to record that conversation between those specific individuals. I don't think they could just prove that simple knowledge that you have a recording device that "may" be stolen and "may" record a conversation between some other person(s) is enough to trigger the violation. I think that would be way too high a bar for anyone to pass. On another point, I have an issue with law enforcement asking the victim if he "wants to press charges". Isn't it up to the police to decide if a person committed a crime? And then they pass that to a prosecutor who then decides based on a number of factors (victim participation being one) whether to prosecute? I think it's absurd that you would ask the victim. He broke the laws of the state regardless of what the victim thinks. "miss, do you wish to press charges on your boyfriend who beat you?" "no?" "okay, well then we'll be on our way, have a good night..."
Thank you Mr. Flueshi I enjoy always watching you and all of the information that you give me. You know I almost went to law school now I know what that is almost means nothing but you know got up to the LSAT and just didn’t have the money to go to any law school so didn’t get to go, but you know what in another universe I did and I was a wonderful lawyer just like you. Take care sir be safe
2:15 sorry to say that’s wrong I can’t put any tracking device in MY VEHICLE. If someone steals it and I use it. Then that’s on them. Please site the exact law
I wonder. How that reach far tracker being attached to My Own Property would be legally different than if they stole my phone and I recorded them using GPS, video and Audio using the built in mechanisms of the device (without any outward signs of recording)? What if they stole something my phone happened to be in (like a car or a purse) and I recorded them with it?
A video I can't find anywhere is "interaction with game wardens while hunting." Specifically waterfowl hunting, as it has many additional regulations. I thank the wardens because if populations weren't managed with tag limits there'd be nothing to hunt for the last few decades. However, when waterfowl hunting, wardens want to check that your ammo is all steel (no lead shot near water); they want to check the magazine has 2 rounds or less of capacity (often requiring a plug); and they want your ID, hunting license & bird stamp(s). Is camping near water probable cause to enter the tent and inspect that we're not hiding birds? As well as inspect everything we brought that's covered by the 2nd amendment? Do we really have to hand our weapons over as soon as the warden is in reach? I know people who have spent hours repacking their pickup (think Tetris in an 18ft over-cab camper filled to capacity with duck blinds, decoys, etc etc etc) after the wardens couldn't find anything to even write a warning. I feel like my choice to not feed my family hormone filled meat from other countries means that I don't have any more rights in the wilderness than I would in Mexico. Is the Clive Bundy story the only way to keep them from sifting through everything I own? I can't afford to purchase my rights back from a judge after the fact. Am I really this helpless from government in the wilderness? Your video would probably be specific to your state, but they're federal, and it's an answer I'd like to see. I don't think I'm alone. The new demographic this will target are YOUR demographic - rights explained by lawyers.
Tried to give the police here video of the crime. They told me they don't need it, I need to pursue it myself! Yep. Don't talk to the police because they aren't going to do anything
How is it even remotely legally gray let alone illegal to have a listening tracker thing on your belongings on your secured private property? Cause its not a case of bugging your things then inviting people to come on your property so you can record them unknowingly. Its having someone come onto your property illegally, willingly and steal your things. Its not your fault if the thief takes it off your property and takes the bug with them. They are your devices on your things on your property.
I feel like leaving a tag with a mic in your own car should be legal. I don’t see how a thief has an expectation of privacy in my vehicle.
Probably is because there are plenty of legitimate reasons to want recording capabilities in your own car, e.g. Dashcams.
@@SF2K01 Audio recording is incidental to the main purpose of a dashcam. A device that only records audio, especially if it's concealed is a completely different matter, and it's going to be awkward to explain the legitimate justification for it. And while some of the reasoning behind wiretapping laws is based on a reasonable expectation of privacy it's what the law actually says that matters, and what all of the laws say is that you need to be a party to the conversation to legally record it.
@@suedenim9208 Many cars nowadays come with hidden microphones installed. And GPS trackers. It's called "OnStar" for GM cards, and some other name for Toyota... :)
@@cstacy That whole permission concept is really hard to understand, isn't it?
@@suedenim9208 protect the criminals.
The zoom-in to IRS to “reclaim stolen stuff” was classic 💕 You killed it, dude! 🙏
If I recall from watching whistlindiesel's video a while back, he made one huge mistake: He didn't press charges. The thief is free to steal again, which he will.
because he said he just want him to feel shame of being discovered doing the crime and because he give back his stuff, i saw the video too
@@pak3ton Different beliefs, I guess. I don't think thieves change.
Agreed. The perp was a liar and a thief and who knows what else. He essentially got away with it, having only given back the property with an apology. Since the chances of being caught are generally very low, this is not much of a deterrent to others.
@@TheAncient11545 Well, the thief wasn't very smart. I'm not a thief, but I would imagine if I stole from you, I wouldn't go back to steal from you again, since that just raises my chances of getting caught, which is exactly what happened.
If he hadn't come back for more stuff, he would have gotten away with it since its unlikely they would have ever tracked him down.
But I don't really think like a thief, so IDK if they care about getting caught. I'm always with the "I'm going to get caught" bias, which is why I never steal even if it looks like an easy target.
The real reason he didn't press charges is because the police would have confiscated his stuff that he just recovered and held onto it as evidence until the end of the trial.
This advice is good IF you plan on using the justice system 🤫
100%. Sometimes a simple baseball bat can work wonders
We don't have justice system. We have legal system.
@@mdcraig62 How much justice can you afford?
Well I know someone who would probably help me hide the body…..😅
@@equarg don't really like soliciting help. Help talks. My backhoe just does whatever lever I pull 😆
A couple years ago my wife was at a hospital while her mother passed away. While there she left her iPad at the hospital coffee shop. She went immediately back to retrieve it but it was gone. The ladies that worked at the coffee shop said they hadn’t seen it. Later that night I noticed some new videos showed up on our iCloud. Our devices were linked so I could see videos the thief took with my wife’s iPad. The thief took a selfy and it was one of the women that worked at the coffee shop in the hospital. Also we were able to determine the address where the device was through find my iPad. The next day I went to the hospital to report the iPad stolen. Showed the video to hospital security and told them it was there employee in the video. Long story short, nothing came of it.
Hospital said they would investigate but never heard from them. When I returned home some more videos appeared. It was a couple days before Christmas and the women apparently gave the iPad to her 12-14 year old daughter. I then called Apple and they were able to deactivate the IPad. Lesson learned. Wife’s new iPad had the password activated. Also you can show the police who stole your stuff and where it is but that doesn’t mean you’ll get it back.
Hospital security may or may not be police officers. They likely have limited authority and training to handle situations like this. So, take the issue of the chain both inside and outside the hospital. Call and talk to hospital administrators. They should have a vested interest in not wanting thieves working in their facility. Call the local police or sheriff, real law enforcement officers. Work your way up their supervisors. Contact your local prosecutor or the county prosecutor.
Wow, crazy. If it was recent, can you alert more people -- like call the hospital out on social media. Pretty ridiculous that a hospital employs thieves
You would be lucky in most places if the police would actually do anything even with all that evidence.
That was my experience when someone took stuff out of my garage. Had face shots from the security videos and an address with witnesses that they never saw him with the stuff until after I had my stuff stolen. They wouldn't do anything about it. Turned in a tip that he was dealing out of the house and they showed up with a warrant a few hours later. They still didn't want to press charges for stilling my stuff until I handed them a notice of intent to suit the city for not doing anything. Then they took a prea bargin for probation and a fine when he grabbed enough stuff for a felony. And, they did find drugs in the house. They also accepted a plea deal for probation and a fine.
I've completely lost faith in the local police and justice system at this point.
@@PetrolJunkie Why bother with taxes?
@@peculiarlittleman5303 I haven't paid taxes in years. Only fools that don't understand how money works pay taxes.
@@PetrolJunkie I agree that in some places the criminal justice system sucks, NYC and LA for example. But, it is all to common for victims to not follow through with prosecution once they get their property back.
@@BryanTorok The problem is that it's common place. People don't do it because the system makes it impossible to follow through. I was blocked by the police officers that investigated, even the ADA that prosecuted the case didn't want to follow through with the theft charges because it was minor compared to the drugs. He was handed the same punishment for both, which one is a bigger issue? Was he likely stealing to pay for his drugs? Yes. That is the problem, they need to prosecute the totality of the crime, not just individual aspects.
I'm curious how one could get in trouble for wiretapping? If I put a recording device on my own property and someone then steals it, they've also stolen the recording device. I'm fairly certain you could argue in court that you didn't wiretap anyone as you installed the device before the theft and you can't wiretap yourself. If I'm wrong here then someone could steal your security camera right off your house and then claim you wiretapped them by recording them without permission? It's an absurd premise to me.
I think that it would HEAVILY vary state to state, but I would guess the premise of the rule would be to prevent setting bait traps to crimes unrelated to the theft, and that it is rather unnecessary to have a recording device for a location tracker if the express purpose is to locate your stuff. Though I could see it going both ways in courts.
The justice system is all about turning victims into suspects.
Just become a law enforcement agent. You get magic powers no one else has not to mention qualified immunity.
@@DeputyNordburg so a dash cam in my stolen vehicle is my legal issue?
@@joed9138 A great way to understand a law is to read it. 18 U.S. Code § 2511 is the law (in the USA) in this case and is easy to find online. Usually in order to record or monitor a conversation, one party must consent. So you can record a conversation you are a part of. (a call to a friend) But you can't put a secret recording devise in the friend's car and listen to him talk to others. Some US states require both or all to consent. Check your with a simple online search.
It's important to remember this is a criminal statue. So in your example where some steals your camera and then claims to be wire tapped, they can't charge you with a crime, they must report it and Law Enforcement would have to press the charges. Extremely unlikely in a case where the device was stolen.
The only way I can think of this happening is if your intension was to have the device stolen and then to record or listen into the conversation.
I understand the need for privacy laws… but I have no moral objection to a person placing a recording device on a piece of property they own and that is on their property. If a person steals said property off private property, the thief has no expectation of privacy. They stole the recording device off private property.
Yeah I wonder if the same laws apply when someone steals property that happens to be able to record. They wouldn't have been recorded if they weren't stealing.
You'd think something like the Clean Hands doctrine would apply at the very least
I love that you zoomed in on the IRS when you were talking about people stealing your stuff.
Sometimes a thief's house will 'catch fire' for some inexplicable reason!
Anyone appreciate the IRS headquarters on the map when he was talking about who stole your stuff in the opening?
If he's saying that taxation is theft, then I'm going to have to subscribe.
We keep trackers on our vehicles, utility trailer, and yard tractor - just in case..... Btw, Onstar will track vehicles for the police. I also had one on me when conducting surveillance in remote areas for my wife and c-workers knew where I was located for safety purposes.
Comment from a cop: Your content is spot-on. Thank you.
I love the true lawful neutral here; frustrated at the thief for talking to the cops. Good stuff.
you are correct, they do work great when your dog gets out. had my dog get out a couple of times and the whistle very accurately lets me know how much progress she has made towards the coffee shop on our normal walking path expecting to find whipped cream when she gets there
that zoom in on the IRS when talking about theft was top notch
Stolen property is such a low priority for the cops that, whether legal or not, self-help is the only way you're getting your stuff back.
Also, airtags will notify thieves that they are being tracked. Keep that in mind if you want to use them to protect your property.
I'm sick of criminals always getting more rights than victims.
This is the best advice I've seen on this topic.
Thanks much!
That's all great when you have cops that listen to you. Most of my interactions with local LE, when I call them, ends up with them looking at me like I've done something wrong.
Of course. You interrupted their donut break, or took time away from seizing innocent people's assets.
Please, OH PLEASE, the next time I'm called for jury duty, let it be for someone who got in trouble for breaking wiretapping laws WHEN TRACKING THEIR OWN PROPERTY THAT GOT STOLEN! Or, maybe some homeowner getting sued by a thief who got hurt while trying to break in. That would be a good one, too.....
So if you can’t have a recording device in your own property if it’s stolen, what if your phone is stolen? Are you violating the law by having your phone stolen?
I watched the original video and loved it. Great take on the topic. Tell your family that a guy on the internet says you're hip because you are up-to-date on internet happenings like this
I sometimes watch the murder investigation "reality show" The First 48. The detectives often invite the suspect to "tell us your side of the story", and the suspect often proceeds to talk, and talk, and talk.
I have a neighbor who steals and vandalizes the property all the time. He generally disables the cameras before he leaves. He even emails me about what he did. Shot my car windshield, damaged solar panels, disabled my truck and on and on. Finally I got him one night. I got video of him stealing my kittens right in front of my garage. Took it to the police and told them who did it. Nothing happens. 4 days later one kitten escapes and comes home. I track her footprints to his place, staying away from his property to cover my behind. Police do nothing but tell me to leave my neighbor alone or I can go to jail. 9 years later I am building a fortress around my front 2 acres. He has free access to my 15 acre wooded lot, taking trees at will. Cops are either too lazy or he has friends on the force. Sheriff and State Police share the same office so no help going higher. I sold all I had to pay for fencing to close in the front property.
BAIT HIS ASS THEN USE 2A. MAG DUMP!
Engrossing video. Thank you for posting and, of course, for your legal advice.
Thanks man. From a Virginia viewer.
Really enjoyable!
Always repeating the most important points in your videos:
1.) Don't talk to the police
2.) Check your local regulations
3.) Be cautious
When watching your videos, we start it with a small bet/game:
Which of the three points will appear how often?
It's just great how you transport your messages, repeat them to make them "stick"... and this together with really competent discussed content.
Great work!
More videos like this please. Very interesting to hear an experienced lawyers take on some of these documented social media events.
What if the thief is also a drug dealer? Likely your stuff is stolen again, this time by the police, under Civil Asset Forfeiture. 🤷
Well just take your stuff back with any force necessary/you like and never report it.
In my opinion, you waive your right to claim your being tracked, privacy invaded, etc, once you steal my stuff or commit any crime. Once you steal something, etc, you have no right to do that.
thank you very much for the do's and don'ts of tracking your stuff!
Thank you
What about Mark Rober’s glitter bombs? He’s tracking and recording those when stolen each year.
The shameless plug at 6:46 is hilarious!
Great video. Thanks for explaining Whistling Diesel's vid.
When my car was stollen from a service station repairing it 30 years ago and I told the insurance company that I may know where it is located and I might be able to get it back and return them the insurance payout; their representative told me that if I touched the car, then they would prosecute me for theft. (No good deed goes unpunished?)
This happened just recently in San Antonio. Guy's truck was stolen and he tracked it to a mall where he confronted the thief and gunfire broke out and the thief was killed. Sounds like a happy ending to me, but the guy will probably be charged for killing him.
You're not tracking a thief but rather your own car. It's not malicious, similar to "find my phone" apps.
In the State of Alabama, to record a legal conversation is for at least one member of the the conversation to know that the conversation is being recorded. I can record a conversation between me and another person, and that recording is perfectly acceptable and legal for legal purposes.
Is there a difference of using a GPS rather than wiretapping to recover stolen property?
Companies that utilize GPSs on transportation units ie semi tractors and vehicle rentals, used to aid in recovery, not to mention determining whether drivers are or are not speeding.
Great way of working in the ad
What if you use the illegal tracker but disable the mic before use? Would that work if you find your stolen item with the tracker and can prove that there is no audio via the device?
Don’t TALK TO THE POLICE.!
Here's a question. We are in Colorado, so the .aws maybe different, but...How do you recommend we respond when police come to make a "wellness check"? A while back, my husbands boss called the police to do a "wellness check" on him. (The details aren't important, but I was home with my husband, and is boss knew this. So it was pretty absurd). We've also heard many stories of police shooting the person who they should be "checking". What should we do if the police come knocking and announcing a "wellness check"? Do we have to letter in or talk to them?
Something similar has happened to me twice. I have had cops show up at my door, once thinking I kidnapped a person…my wife…after a road flagger called 9-1-1. She had been singing. The flagger thought screaming. Two other times cops showed up thinking that someone from the house called 9-1-1, once at 2 AM. At the 2AM incident I was armed until I saw the flashing lights through the window. I was not when I opened the door (I also have a locked glass storm door).
The first and second visits I produced my wife at the front door (we all had a good laugh with the singing incident). The most recent time I just told the cop we didn’t make the call. We don’t even have a working land line.
In all cases the cops were truly concerned. I could have slammed my door in their faces….or not opened it at all. At no time did they try to enter my house. It was all respectful. Courtesy and being rational go a long way.
Now see, this is the legal advice from UA-cam videos I look for. The last part is gold...you screwed up and now what to do? Most vids are just "I didnt do it" defense. Well what if you DID do it??? Everyone screws up in life... Excellent video!
This is why you don't listen to UA-cam lawyers, as another commenter said, there is no expectation of privacy within a vehicle that you've stolen.
Suppose the thief’s garage was unattended? What is the legality of retrieving your own stolen property (fully recognizing that whether or not it is prudent to do so is another question entirely.)
Technically in some jurisdictions they could get you for trespassing but in order to do so they'd basically have to admit you were trespassing to retrieve your stolen property. So would you confess to stealing property in order to report trespassing?
You would be Trespassing at the very least. Even if you recognize something that you can verify is yours from outside the property line you don't have any rights to enter the property uninvited.
@@TheFinagle it gets dicey at that point, if the perpetrator is ever present...and you've satisfied the local jurisdictional requirements to perform a citizens arrest. you could enter their property, but you could not forcibly enter their residence.
Airtags are nice, but I personally prefer to use Mark Robert's V.12 "Glitter" bomb, equipped with nerve gas and a 2-kiloton thorium depth charge.
I wanted to hear your perspective on this I watch this take place been on his channel for bit.
Great information
Andrew Flusche thanks for the content. I am worried, I know some people that have suspended license but no notification for this. One of them got license suspended around two months no dmv Virginia notification. Apparently the reason was he don't pay for a ticket, but he does. Insurance company do not notify and is suspended. The police take his driver license and don't return it. How he should be ok for court. Is lawful that police take the license?
I don't understand how it can possibly violate anyone's "privacy" to plant a listening device on YOUR property. A thief doesn't _magically_ have a right to privacy while in a vehicle that doesn't belong to him.
If signs are posted that you have audio recording on property, and they stole something that had said audio recording device on it, is illegal?
I think WhitlinDiesel did a great job!! I think I would not confront a stranger about a sensitive issue like that.
However, several times I have not said anything to authorities, they put me into a mental institution for not talking with them!! NOW, I have a RECORD!
As for recording conversation it depends if you're in a two-party consent state or one party consent state in one party consent State as long as you're part of the group or party you can record it but in the two-party consent the other person has to consent
I have the Samsung UW tracker and I can use the map to track it to within a few feet and then use my camera or the sound to find it
Love your videos. Just got my dashcam in the mail that I ordered after seeing your stuff.
What if 2 thieves steal your car, you will never be able to legally listen to the dashcam video...
First, I want to preface this with the fact that I understand that laws many times are anti-intuitive which is why the layman needs a lawyer in the first place, so I am not disputing what you are saying I just don't understand the logic of the law. I am confused about not being able to have a device hid on your own property that has the ability to record. I understand in a way how it breaks wire tapping laws but what I don't understand is how it does it when its hid on your own property. I mean it is not the victims fault that a crook decided to steal from them and it seems like the rightful owner of the propertie's rights to use their own property as they see fit would trump the crooks rights. Also what if the crook steals something that is built with recording devices built in such as a laptop etc... (does the fact that they have them built in imply that the crook should have assumed they had recording devices in them so the wiretap law wouldn't apply? If so then what happens if the crook steals the same laptop because it was say hidden inside of luggage - they then did not know they had something with recording capabilities so would that again open up the rightful owner to wiretap laws because of the crooks ignorance? Awesome work on your videos by the way and again I am not disputing what you are saying just don't understand but I know first hand from going to small claims court that laws many times are not always logical and many times are right backwards from the way the average person would think they would be.
I liked the part of that video where the wife says to the thief husband, "I thought you said he was well off"
Please post the summary execution video.
Before I watch the video: If I actually follow someone who stole my stuff, I'm not worried if it's legal. It's about to get "Extra-Judicial" and involve a shovel and the desert.
But now to watch and see if putting trackers on my own stuff to use that to help the police locate the thief is a good idea. :P
Did the get a warrant for a search when the police came back a second time to look through the stolen possessions?
What if they steal my iPhone and it records their conversation, including admission of a crime, and why is that different than any other stolen recording property?
That was pretty damn good, thanks for sharing your knowledge with us.
Thanks again for all the help and advice you give us.
You also should add "Don't steal!" to your ending there.
At first I thought this guy was going to do something stupid and confront the thief. Glad to see he called the police like that. I can't stand thieves.
I have only two rules when I encounter the police, the second in three parts.
1. Invoke my right not to answer questions.
2. (a) Shut up.
2. (b) Shut up.
2. (c) Shut up.
You hit that right on the head the victim has to play investigator and give over whelming evidence to Law Enforcement and maybe just maybe you can get one to pull away from harassing these massive crimes there so interested in like people who are speeding
You should cover Mark Rober and his recording glitter bombs. I think he crossed some of the technical limits of the laws.
Personally, what I think the thief should have done is not steal. Rules against compelled self-incrimination are in place to protect the innocent, not the guilty. A lot of people forget that. Here in the US, I support the Fifth Amendment because talking to police (for example) can lead to wrongful convictions.
If I were the police and the person I am talking to says “I’m not saying anything without a lawyer” then I would be much more highly suspicious and double my efforts to get that warrant.
That sounds illegal and like a violation of the 4th Amendment.
@@HighAdmiral I’m no law enforcement. I’m just playing devils’s advocate and showing what the likely thinking process would be for many individuals in that situation.
Virginia is a one-party state: you can record whatever you want that you are a party to. If someone steals MY recording device, and I activate it, then I am a party to it. It's no different than someone stealing my phone and I call my phone's number. I am the informed party on the call, and that's all you need. That is also the federal law. Some Communist states like Maryland may have a different law, but since I was sitting in Virginia the whole time, not an issue. Going hunting for airtags or having your stolen laptop phone home with its GPS location are two other different things, but I can't see how that could be illegal either. If there is case law to the contrary of any of this, I would be interested to learn. Note that regarding the wiretapping: you can't bug third parties (even cops need a warrant) again unless you are a party. And you can't place bugs on other people's stuff. Your real problem is: What do you think you are going to do once you know where your stuff is? I suggest you bring a cop. Then you won't need a lawyer right away LOL.
(Now having actually watched the rest of the vid: ah yuppers.)
You would think someone would look up what to do if the police confront them before stealing stuff repeatable.
darn cause the recording may- may get thieves VERBAL admission - bragging to their "acquaintance" about their heist
OK, I get the safety tip, "don't confront the thief". Now, let's talk legally. What cam I allowed to do in order to reclaim my stolen property? If I know for a fact, the property stolen from me is located in a locked gate (maybe I see my bedazzled pink bicycle), am I LEGALLY allowed to retrieve my property? Am I allowed to legally use force to recover my property? At what point does my force become illegal?
I think it's worth thinking about how it was a good thing that the guilty person talked to the police.
Sounds like its better to use a 45 and conc shoes....not saying you should do this but I would understand.
Good job.
Not a nerd. Robot lawn mower… Nice! 😎
I have an issue with the statement that a recording device would run afoul of the law. I don't believe that is true. The only law in VA that I think would apply would be Virginia Code § 19.2-62, which makes it a violation to "intentionally" intercept communications between two parties. If I have hidden a recorder on my property, that is legal. I have no specific intent to record any communications between anyone but myself while I am with the property or maybe the surroundings (assuming the device is kept in my house or garage etc). If someone steals it, and has a conversation...there is no way for me control that and I don't think the state would even prosecute me. But if they did, they would need to prove that I specifically intended to record that conversation between those specific individuals. I don't think they could just prove that simple knowledge that you have a recording device that "may" be stolen and "may" record a conversation between some other person(s) is enough to trigger the violation. I think that would be way too high a bar for anyone to pass.
On another point, I have an issue with law enforcement asking the victim if he "wants to press charges". Isn't it up to the police to decide if a person committed a crime? And then they pass that to a prosecutor who then decides based on a number of factors (victim participation being one) whether to prosecute? I think it's absurd that you would ask the victim. He broke the laws of the state regardless of what the victim thinks. "miss, do you wish to press charges on your boyfriend who beat you?" "no?" "okay, well then we'll be on our way, have a good night..."
Some states ALL parties must consent for a recording to be legal.
Is it legal to rig your apple air to make your e-bike battery explode remotely?
Thank you Mr. Flueshi I enjoy always watching you and all of the information that you give me. You know I almost went to law school now I know what that is almost means nothing but you know got up to the LSAT and just didn’t have the money to go to any law school so didn’t get to go, but you know what in another universe I did and I was a wonderful lawyer just like you. Take care sir be safe
I commend you so much for not using a clickbait title with whistlen diesels name in it. Its crazy how many people will use his name to get views.
Haha. Thanks! And here I was just wondering how I could get the video to have more exposure. :D
@@Andrewflusche everyone else tags his name. Maybe you should too.
2:15 sorry to say that’s wrong I can’t put any tracking device in MY VEHICLE. If someone steals it and I use it. Then that’s on them. Please site the exact law
I wonder. How that reach far tracker being attached to My Own Property would be legally different than if they stole my phone and I recorded them using GPS, video and Audio using the built in mechanisms of the device (without any outward signs of recording)? What if they stole something my phone happened to be in (like a car or a purse) and I recorded them with it?
What States do you practice law in?
I don't get why what amounts to "wiretapping yourself" should be illegal in the event of someone stealing the property.
You should review the guy with the porch glitter bombs
The police will simply say, "We didn't see them take it, so there's nothing we can do".
in my personal experience , they dont care!. its a civil mater. the response is, this is why you have insurance. even if you dont...
A video I can't find anywhere is "interaction with game wardens while hunting." Specifically waterfowl hunting, as it has many additional regulations.
I thank the wardens because if populations weren't managed with tag limits there'd be nothing to hunt for the last few decades.
However, when waterfowl hunting, wardens want to check that your ammo is all steel (no lead shot near water); they want to check the magazine has 2 rounds or less of capacity (often requiring a plug); and they want your ID, hunting license & bird stamp(s). Is camping near water probable cause to enter the tent and inspect that we're not hiding birds? As well as inspect everything we brought that's covered by the 2nd amendment? Do we really have to hand our weapons over as soon as the warden is in reach? I know people who have spent hours repacking their pickup (think Tetris in an 18ft over-cab camper filled to capacity with duck blinds, decoys, etc etc etc) after the wardens couldn't find anything to even write a warning.
I feel like my choice to not feed my family hormone filled meat from other countries means that I don't have any more rights in the wilderness than I would in Mexico.
Is the Clive Bundy story the only way to keep them from sifting through everything I own? I can't afford to purchase my rights back from a judge after the fact. Am I really this helpless from government in the wilderness?
Your video would probably be specific to your state, but they're federal, and it's an answer I'd like to see. I don't think I'm alone. The new demographic this will target are YOUR demographic - rights explained by lawyers.
How can I track down who has hacked my phone, I'm experiencing not so funny things, photos being removed and modified without me doing 😐
Why would it matter if the audio wasn’t being used for anything? If the audio were posted online then it should be illegal.
Awesome video
Tried to give the police here video of the crime. They told me they don't need it, I need to pursue it myself!
Yep. Don't talk to the police because they aren't going to do anything
Is glitter bombs from Mark Rober legal? I guess not but even without the smartphones (just with glitter, smell, and noise) would it be legal?
How is it even remotely legally gray let alone illegal to have a listening tracker thing on your belongings on your secured private property? Cause its not a case of bugging your things then inviting people to come on your property so you can record them unknowingly. Its having someone come onto your property illegally, willingly and steal your things. Its not your fault if the thief takes it off your property and takes the bug with them. They are your devices on your things on your property.
So if I broke into your house and stole your recording device and you went looking for it/ called it. You will have committed a crime?