New Hampshire Judge Drops Wiretapping Charge Against Man Who Recorded Cop

November 3, 2011 @ 6:03PM

New Hampshire Judge Drops Wiretapping Charge Against Man Who Recorded Cop

Topics
News

As cops continue to arrest citizens on wiretapping charges for recording them, judges and prosecutors continue to dismiss these cases.

The latest comes to us from New Hampshire where a judge dismissed charges against William Alleman, who was arrested earlier this year for recording a cop during a traffic stop.

In making his determination, Judge Edward Tenney referenced the recent Glik vs Cunniffe decision that clarified any doubts on whether recording cops in public was illegal.

According to the New American:

“Glik leaves no doubt that engaging in an audio recording of a police officer in the course of his official duties in a public place is protected speech under the First Amendment,” Tenney wrote. The judge also found that Alleman had in no way interfered with the officer in the performance of his duties.

“The fact that Officer Montplaisir may have been unwilling or unhappy being recorded does not make a lawful exercise of the defendant's First Amendment rights a crime,” Tenney wrote.

But until cops are personally held liable for these unlawful arrests, it doesn’t look as if they will slow down.

Please send stories and tips to carlosmiller@magiccitymedia.com

Comments

Kol. Klink

3 months ago

Personal responsibility is a virtue for the little people, especially if they're poor.

Frank

3 months ago

Sue them and make them pay the award out of the pension fund.

Press kidnapping and false imprisonment charges.

Bergman

3 months ago

If you ever see an altercation between a cop and a civilian, where the basis for the ensuing arrest is solely because the civilian was exercising his/her rights, you have just witnessed a federal crime being committed. If your state laws allow for citizen's arrest for misdemeanors (most don't, but some do) you now have grounds to place the cop under arrest. Being in uniform doesn't shield an officer from being arrested, and resisting arrest is always a crime, no matter who you are.

If two or more cops were involved in the false arrest, or a single cop made any threat of deadly force (such as putting his hand on his holstered gun) then you have witnessed a felony. Most state's laws permit a citizen's arrest for felonies.

18USC241, 18USC242 and 42USC1983 are fascinating reading for any would-be civil rights activist.

Frank

3 months ago

The criminal laws (Title 18) you cited are felonies. Anyone who witnesses a felony can arrest the felon, technically at least.

Tom Jannusch

3 months ago

Carlos,

I am sorry to have seen your advertisement for a political party on this site. I hope you don't mean to politicize this important web site.

Thanks for the articles on photography and the law. You are doing a good thing.

Tom

Carlos Miller -...

Pixiq Expert

3 months ago

I have no control of the ads here. The only thing I control is what I post in my articles. That's it.

Which ad are you referring to?

Tom Jannusch

3 months ago

The rotating ad in the upper right. It was a Tea Party ad. Never mind. No big deal. Sorry I raised the issue.

Mike

3 months ago

I've said it before and I'll say it again. As long as these agencies do not bother to train their officers in the area of photography, they are putting themselves at a liablility!

Therefore, when someone fails to teach, they need to pay the price! And pay it well!

Eventually these agencies will get tired of paying, or the insurance companies will begin to raise rates to the point the agencies have to do something!

Make them pay and make them pay well! Eventually they will learn!

Rusty Carr

3 months ago

Yes, it will have to get to the point where the city's pocketbook is taking a big hit before they'll make the police back off on this crap. That's why EVERYBODY who is mistreated in this fashion should get a lawyer and sue'm 'til their buttholes bleed.

*Pixie*

3 months ago

The "city" pocketbook is still being enriched from illegal arrests made by officers for non-crimes other than photography; I don't think they really want to bite the hand that feeds them!

The answer is exactly what happens here: public awareness, embarrassment, humiliation and activism.