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.”
Absolutely. Like I’ve hinted at, the US is kind of unique in this black and white one party/two party consent structure. Other countries deal in “expectations of privacy”, which is far more nuanced, and dare I say it, more sensible.
It’s legal for a member of the public to record an officer on duty. There is a question of whether they are considered on duty (sounds like maybe? It was senior officers formally training other officers, not some private locker room conversation) and also whether an officer can record another. It’s perhaps a different legal dynamic between a member of the public and an officer, vs two officers.
How it plays out depends on the law. Like you say, he has a strong argument against a criminal conviction - and he shouldn’t really be convicted of any crime either. But it does sound like he broke the letter of the law in that jurisdiction.