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I want to say I support legal smackdowns of warrantless wiretapping, but I’m a little unsure of this one.
- Citizens observing suspect behavior are encouraged to record videos, and those are key in legal cases. This recording was made on the undercover cop’s own phone, it seems in a public place. It seems a little strange to me that police are more shackled than ordinary citizens when it comes to recordings.
- Depending on how deep the cover was (for selling small amounts of drugs, perhaps not) I wonder how hard it is to contact a judge for a warrant. I’m picturing those tense TV dramas where an undercover is suddenly pulled to an unexpected meeting, and decides just in time to start a muted call (obviously, likely more dramatic than what happened here). I even wonder if the presence of his witness account should affect the legality of the recording. It’s just verifying his statement.