Turn On Your Recorder!

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Hawaii is a “one party consent” state for recording.  This means you can legally record or give your prior consent to have someone else record, any in person or phone conversations you are a party to, and you don’t have to let the other party know you are doing it.

Haw. Rev. Stat. § 803-42(b)(3)(A) It shall not be unlawful under this part for a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State. [emphasis added]

Who should you record?

  • Police
  • Prosecutor
  • Defense Attorney
  • Judges
  • Probation Officers
  • Child Welfare Services
  • Department of Human Services
  • Domestic Violence Advocates
  • Guardian Ad Litum
  • Any other corrupt official you have to deal with

Why should you record?

To protect yourself against false accusations, to expose the illegal activities occurring in our courtrooms, and to gather evidence of corrupt behaviors.

Be prepared to have some of these officials tell you that your meetings are confidential, so you can’t record them.  What they don’t tell you is that YOU possess the power of confidentiality.  Whenever you are the client/patient/probationer, THEY are legally bound to keep your confidentiality.  You alone possess the right to disclosure.  They can’t record you without your knowledge and consent, but you can record them.

Additionally, there are numerous Court decisions supporting citizens rights to record public officials.  On August 26, 2011, the United States Court of Appeals
For the First Circuit published their decision of  Glick v. Cunnifee, et. al.  It is interesting to note that this case is from the Commonwealth of Massachusetts, an ALL PARTY consent state.  We have highlighted some of the more salient points below.



9 responses to “Recording

  1. have u looked at my websight post me a comment please all the support better for my case thank you

  2. I was a victim of a corrupt system On the Big Island too,10 years ago i found myself in dire need of a place to sleep and a friend of a friend told me about an abandoned house that I may be able to rent as he knew who owned it and the owner would not be back because his partner died there and the memories were sad.the front steps were gone and all the windows were broken..there was no doors,and the porch was so rotten i almost fell through..anyway,I was at the house for around 10 minutes looking around,my car was parked in the driveway in plain sight of the neighbors..I heard a sound coming from outside so i went to see what made it and was met at the entrance to the house by 1 policeman who asked me to step outside.There were 4 more officers outside and I was arrested for Burglary1,a felony…I spent New Years eve in Hilo Cel Block and bailed out on the next working day.My appointed Public Defender was Nailani Graham,and the Judge in my case was Glenn Hara.I should add that i didnt make a statement to the police,i envoked my right to remain silent and have counsel during questioning.Well…Burg1 is defined something like this…entering any structure on private property whether it has doors and windows or not..without the consent of the owner or the renter,is burglary1.The cops..(all 5) of them had almost identical reports stating that when asked what i was doing on the premises,I replied ”Im looking for something I can steal to sell for drugs”Blatant liars…nailani Graham told me that i should throw myself on the mercy of the court because even if the cops are lying, who is the jury going to believe,and if i plead not guilty and am found guilty i would get the max..well..i pled guilty to burg.2 and nailani Graham had triple bypass surgery and couldnt be there for sentencing so i was assigned Melanie parker i think her last name was..anyway i was sentenced to 3 months in jail and she got it so i could do weekends and not lose my means of income,5 years of high risk probation,had to pay 450 dollars for a DNA swab,and some court fees and a fine ..i dont recaLL how much,,Then,the owner of the house handed a list of items he says were taken from the house totaling $75,000.00!!! Melanie said it was absurd since i had nothing on my person or in my car.Judge Hara agreed thank GOD,but I didnt deserve the punishment I endured for the next 5 years…ever since then I have wanted to do something about the corruption in the system.I met a guy online that read a comment i made on a cop watch video on youtube and we are going to meet in person in a day or so..he lives in Hilo too,we both want to start videoing traffic stops and Click it or Ticket roadblocks,etc,etc.We are looking for more people that feel the same way we do to join us or we will join you..if anyone reading this knows of people that are looking for recruits or backup cameras to film please let me know? my email is; this lawlessness needs to be made public..too many innocent people have been screwed to fill the coffers of these tyrants..Thank You for listening..=)

  3. I tried recording yesterday when the cops were harrassing us so I couldnt record. The cop tells me I better not be recording or he going break my phone and if he sees any vudeo online about this he will come hunt me down. I felt threatened

    • Michelle, I would very much like to speak with you regarding this matter. I am a “Copumentarian” and film the police a few hours per week if I see them interacting with the public while riding my bike all over town for cardio. I have equipment that will enable you to live stream the video to the internet, so even if he breaks the phone, youll still have the footage to ruin his career. Thats violating your first amendment right according to the Supreme Court, and you’d likely be awarded damages. These rogue, uninformed cops have to be reigned in, while we show the good cops doing a good job. Email me at

  4. Aloha, I have the Mayor, the prosecutors, the Attorney General and Nancy Kreidman all on recording; and all of them are basically telling me to forget about the corruption and move on. The Attorney General Brent/Brad something like that telling me that “the fuck up’s over there (meaning the prosecutors) do not know what the fuck they are doing and they are lazy”. It’s crazy to know of all the corruption that goes on……….

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