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Re:Apple’s head of security indicted in Santa Clara County C... by zepto on Monday November 23, 2020 @11:02PM (#25195157)
It’s clear that this applies to uniformed cops performing duties in public places.

It is much less clear that it applies to a private conversation with a senior officer in a police station.

Re:Apple’s head of security indicted in Santa Clara County C... by Reelin on Monday November 23, 2020 @11:55PM (#25195389)
> > public officials in the performance of their duties

> conversation with a senior officer in a police station

Are you seriously suggesting that conversing with a public official at their place of work about official business doesn't qualify as part of their official duties?

(Aside, two party consent is a genuinely broken system for a wide variety of reasons. I consider violating it to be a laudable act of civil disobedience.)

Re:Apple’s head of security indicted in Santa Clara County C... by zepto on Tuesday November 24, 2020 @01:19AM (#25195854)
I’m suggesting that an attorney could definitely argue that a particular conversation was not part of a persons official duties, depending on the content.

Attorneys argue things like this all the time. And Judges rule on their arguments.

What I’m asking about is whether any existing ruling makes this point clear.

Re:Apple’s head of security indicted in Santa Clara County C... by giantg2 on Tuesday November 24, 2020 @07:24AM (#25197789)
Some states have exceptions to the 2 party rule in general, such as if you think a crime may be committed, or a crime from a specific list. This can apply to everyone, not just police.

I think it would be hard to argue that a conversation with a CCW applicant in which you ask for stuff in exchange for issung a CCW isn't acting in an official capacity. The only person who can issue it is the person holding that office. Not to mention, the calendar/schedule/sign-in book should have a memo a out the purpose of the visit (the pretext he was called down to the station).

Re:Apple’s head of security indicted in Santa Clara County C... by zepto on Tuesday November 24, 2020 @10:38AM (#25199391)
The department / police union could argue that if it’s not sanctioned behavior it is not part of the officers duties.
Re:Apple’s head of security indicted in Santa Clara County C... by anigbrowl on Tuesday November 24, 2020 @07:49PM (#25204771)
No they couldn't. That would be equivalent to saying committing a crime creates a right to privacy that didn't exist previously. And if it wasn't part of their official duties, why would the department/police union be defending the officer?

You do sometimes see cases where a police union defends an officer accused of some crime, but that's usually because they're putting up some BS story about how they actually were doing their duty, eg an officer busted in possession of drugs who tries to argue it was actually an undercover investigation of the drug scene.

Re:Apple’s head of security indicted in Santa Clara County C... by giantg2 on Thursday November 26, 2020 @02:07PM (#25222743)
Some of those stories can be very imaginative (See Abner Louima).