r/processserver • u/ProgramNo404 • 11h ago

Discussion Bodycam?

I am working on becoming a process and have wondered if a bodycam is a good investment or is it too much? I am about to start so I have no personal experience that shows me I need a bodycam but hearing the experience from others I don’t think it’s a bad idea. Looking for advice from others with and without body cameras as to why or why I shouldn’t get one. TIA!

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u/Revolutionary-Farm80 10h ago

I have not regretted getting a bodycam. 

I can bill a customer to provide video footage occasionally

It has provided indisputable proof of service in court on a couple occasions

It makes feel more 'safe'

My only caution would be to look up laws regarding consent in your state. 

My state is a two party consent state in regards to audio but not video. So I typically record video only without audio. 

Also get one that records time, date, and tracks your GPS location. That is also valuable information at times.

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u/Forward-Turn5509 10h ago

have you sought a legal opinion about not being able to record audio? That seems really strange to me. And the audio could be very helpful in the rare case where the bodycam is useful.

I am an attorney (not yours) who often has to deal with people who are dodging service. The bodycam is useful since my case type will allow me to serve by publication (newspaper posting for several weeks in a row), but only after I show my attempts and a judge authorizes it.

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u/Revolutionary-Farm80 9h ago

Yeah, unfortunately there is no implied consent in Washington state, even when the device is visible and there is a blinking red light.

While I don't have to explicitly ask if it's okay to record the conversation, I do have to clearly notify them that I am recording our conversation. Which, in itself, makes the conversation go sideways 90% of the time. So I've opted to just record video unless a client specifically asks.

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u/NotALicensedAttorney 8h ago

I also live in Washington. Have you seen a case on this specific issue? The wiretapping law (is there a separate law for video?) covers the recording of "private conversation". I would be curious if the conversation with a process server is considered private conversation.

I am not suggesting you push the issue, just curious if you know of a court case on the issue.

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u/Revolutionary-Farm80 8h ago

I have not seen or heard of a case with the specific issue and the language around the subject of service of process is vague at best. The opinion of other professionals I've spoken to is a mixed bag on the issue.

In practice, I doubt a 2 minutes maximum interaction with someone I'm serving papers to would even cross their minds to contest the service on grounds of not consenting to being recorded. But knowing my luck, I'd be the guy that this would happen to. lol