The Los Angeles district attorney has dropped felony charges against a police officer who secretly recorded his colleagues making racist remarks.
Los Angeles Police Department Officer Daniel Flores was charged in July with 16 felony counts after submitting audio to internal affairs in early 2025. The tapes, recorded within the LAPD’s recruitment division, captured officers making explicit remarks and were first disclosed by the Los Angeles Times.
District Attorney Nathan Hochman had initially charged Flores under California’s decades-old eavesdropping statute, which mandates the consent of all parties present to legally record conversations. The original charges carried a maximum sentence of 13 years in prison.
The charges sparked swift backlash, particularly from Flores’ attorney, Alan Jackson. Speaking to the LA Times in July, Jackson warned that the case communicated that “if you document bigotry inside the LAPD, you will be the one who ends up in a courtroom. It tells them the safe move is to hear slurs and say nothing.”
Unfortunately US two party laws were made as a knee-jerk reaction to Nixon’s wiretapping; the US doesn’t deal in “expectations of privacy” like more sensible countries do.
Making an audio recording should be no different to getting out a pen and paper and making a written recording. Keeping a personal record should not be a crime. It’s what you do with the recording that matters.
But that’s how things should be, the law is often not right in this area. As others have said, the whistleblower broke the law here.
That’s going to be decided by the judicial system. It’s perfectly legal to record officers while they are on duty. The debate will be whether being on the clock and in a police station is the same as operating in their official capacity. Which I think is a pretty easy argument to make in court.