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Old 06-03-2008, 04:03 PM     #1
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EEK! police misconduct

I'm trying to get as much information on P.C. codes 631 and 632 as I can. If for any reason could anyone violate these codes with out my consent, including law enforcement? If there where to be a reason what would it be? This has caused a great deal of financial hardship on my family , it also appears that people just like to take advantage of this situation we're in. What to do?
P.S. And our conversations are downloaded to the internet!

Last edited by stumped : 06-04-2008 at 09:35 PM. Reason: forgot important part
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Old 06-03-2008, 04:21 PM     #2
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Default Re: police misconduct

California Penal Code PEN Section 631

(a) Any person who, by means of any machine, instrument, or
contrivance, or in any other manner, intentionally taps, or makes any
unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any telegraph or
telephone wire, line, cable, or instrument, including the wire, line,
cable, or instrument of any internal telephonic communication
system, or who willfully and without the consent of all parties to
the communication, or in any unauthorized manner, reads, or attempts
to read, or to learn the contents or meaning of any message, report,
or communication while the same is in transit or passing over any
wire, line, or cable, or is being sent from, or received at any place
within this state; or who uses, or attempts to use, in any manner,
or for any purpose, or to communicate in any way, any information so
obtained, or who aids, agrees with, employs, or conspires with any
person or persons to unlawfully do, or permit, or cause to be done
any of the acts or things mentioned above in this section, is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in the county jail not exceeding one
year, or by imprisonment in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. If the
person has previously been convicted of a violation of this section
or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable
by a fine not exceeding ten thousand dollars ($10,000), or by
imprisonment in the county jail not exceeding one year, or by
imprisonment in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(b) This section shall not apply (1) to any public utility engaged
in the business of providing communications services and facilities,
or to the officers, employees or agents thereof, where the acts
otherwise prohibited herein are for the purpose of construction,
maintenance, conduct or operation of the services and facilities of
the public utility, or (2) to the use of any instrument, equipment,
facility, or service furnished and used pursuant to the tariffs of a
public utility, or (3) to any telephonic communication system used
for communication exclusively within a state, county, city and
county, or city correctional facility.
(c) Except as proof in an action or prosecution for violation of
this section, no evidence obtained in violation of this section shall
be admissible in any judicial, administrative, legislative, or other
proceeding.
(d) This section shall become operative on January 1, 1994.

California Penal Code PEN Section 632

(a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrops upon or records
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in the county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If
the person has previously been convicted of a violation of this
section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
by imprisonment in the county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.
(b) The term "person" includes an individual, business
association, partnership, corporation, limited liability company, or
other legal entity, and an individual acting or purporting to act for
or on behalf of any government or subdivision thereof, whether
federal, state, or local, but excludes an individual known by all
parties to a confidential communication to be overhearing or
recording the communication.
(c) The term "confidential communication" includes any
communication carried on in circumstances as may reasonably indicate
that any party to the communication desires it to be confined to the
parties thereto, but excludes a communication made in a public
gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other
circumstance in which the parties to the communication may reasonably
expect that the communication may be overheard or recorded.
(d) Except as proof in an action or prosecution for violation of
this section, no evidence obtained as a result of eavesdropping upon
or recording a confidential communication in violation of this
section shall be admissible in any judicial, administrative,
legislative, or other proceeding.
(e) This section does not apply (1) to any public utility engaged
in the business of providing communications services and facilities,
or to the officers, employees or agents thereof, where the acts
otherwise prohibited by this section are for the purpose of
construction, maintenance, conduct or operation of the services and
facilities of the public utility, or (2) to the use of any
instrument, equipment, facility, or service furnished and used
pursuant to the tariffs of a public utility, or (3) to any telephonic
communication system used for communication exclusively within a
state, county, city and county, or city correctional facility.
(f) This section does not apply to the use of hearing aids and
similar devices, by persons afflicted with impaired hearing, for the
purpose of overcoming the impairment to permit the hearing of sounds
ordinarily audible to the human ear.
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Old 06-04-2008, 04:11 PM     #3
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Default Re: police misconduct

Thank you , as you can see I'm already familiar with the P.C. code 631,632. I'm trying to search out a solution as to what to do or where to go or who to go to? We no longer have any money , so that narrows our options. The police seem to have knowledge and involvement in this , and it does not appear that they are investigating us at least legally and don't have any reason to. I'm just searching for solutions to the problem ?
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Old 06-06-2008, 12:00 PM     #4
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Default Re: police misconduct

What do you mean actually? Don't quite follow the question??
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Old 06-10-2008, 04:57 PM     #5
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Default Re: police misconduct

Quote:
Originally Posted by Unregistered View Post

What do you mean actually? Don't quite follow the question??
What should we do???
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Old 06-10-2008, 05:33 PM     #6
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Default Re: police misconduct

Did somebody tape you? What actually happened?
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Old 06-11-2008, 05:36 PM     #7
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Default Re: police misconduct

Yes , we've been electronically "Taped" and our conversations are being downloaded or placed onto the inner net. And we are constantly be informed of this but at a "minimum". I guess people like to eves drop?

Last edited by stumped : 06-11-2008 at 05:40 PM. Reason: I missed a word
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