Attorney General: Police body cameras can record inside private residences

Conversations between law enforcement and members of the public may be recorded on police body cameras without citizen consent, according to an opinion issued today by Washington State Attorney General’s Office. The AGO opinion said conversations between law enforcement and the public are generally considered public, even if they take place inside a private residence. Washington law requires two-party consent to record private conversations, but that standard does not apply to public ones. Legal precedent is less clear about an officer recording a conversation between two members of the public, since no case law addresses the subject directly. But the AGO said the Washington State Supreme Court has “strongly indicated” conversations between two people are not private when they know a police officer is present. Spokane police Chief Frank Straub announced Oct. 30 that officers outfitted with body cameras as part of the department’s pilot program would record all official interactions with citizens, even inside private residences. Seventeen Spokane officers are currently wearing body cameras in a pilot program scheduled to run through the end of 2014. All patrol officers will be outfitted with cameras beginning in early 2015. The AGO opinion was issued in response to a request by State Sen. Andy Billig, D-Spokane, seeking clarity on privacy laws as they relate to body cameras. About 10 other Washington cities, including Airway Heights and Liberty Lake, have some or all police officers outfitted with body cameras.