Are Cameras the New Guns?

[The Straight Story]

Are Cameras the New Guns?

Are Cameras the New Guns?In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the "shooter" rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) but in practice this exception is not being recognized.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, "he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want." Legal scholar and professor Jonathan Turley agrees, "The police are basing this claim on a ridiculous reading of the two-party consent surveillance law - requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense."

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler's license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

http://gizmodo.com/5553765/are-cameras-the-new-guns

[CBGLuthier]

1. This Machine Kills Fascists

[Blue_Tires]

2. as an aside, i've also noticed a disturbing trend

of people simply recording a dangerous or life-threatening incident instead of calling for help or 911

[cdsilv]

4. What about those dash-mounted video-cams in police cars....

...that are (or at least used to be) ubiquitous? Aren't they what spawned the TV show 'COPS'?

[Blue_Tires]

7. i know what you mean

i was talking more about bystanders with phone cameras who record instead of calling for help...

[The Doctor.]

11. Yes, it's time to start rolling out the lawsuits against being 'recorded without consent'.

When hypocrites have their own standards applied to them, they rail and scream... and I love it.

Yours is the most useful suggestion to be visited in this matter. It's time for attorneys to start using case law to file suit on behalf of civilians who've been recorded 'without consent' by police.

[arcadian]

3. USA Police state

[Fumesucker]

5. So if a security camera records an on duty cop then it is illegal?

The unintended consequences of this move should prove quite interesting.

[justabob]

10. indeed

You can't have it both ways. They want cameras out there catching every second of your day and my day, but not their day.... If you're not doing anything wrong, what's the problem? Isn't that the way the story goes? It will definitely be interesting to see Them get this one worked out.

[Scuba]

6. these are good laws......

...if you hate the truth.

[WeDidIt]

8. This shouldn't withstand a SCOTUS challenge

but given the Fascist Five, who knows...

:shrug:

[ThomWV]

9. Are you saying the NSA can't tap my phone in those states as well?

2 party consent, and all that sort of thing.

[obxhead]

12. heard this on NPR yesterday, long segment in fact. In MD

this is a big deal with a couple of cases going to court over it etc. What stuck me the most was the exception for law enforcement. They are allowed to record you and the incident without consent, but can charge you with a felony if you record them at the same exact time.

These are public workers/officials. Doing a job for the public. There is no expectation of privacy during a traffic stop, in fact from my experience it stops traffic and rubber necking commences whenever the blue lights flash.