NH Activists Educate Police About Wiretapping Law After Gingrich Goon Assault

January 11, 2012 @ 6:27PM

NH Activists Educate Police About Wiretapping Law After Gingrich Goon Assault

Topics
News

It started when one of Newt Gingrich’s goons assaulted Adam Kokesh because he did not want to be video recorded by a Ron Paul supporter.

Kokesh, who was with former cop and current activist Bradley Jardis at a New Hampshire high school where Gingrich was about to speak, attempted to file a complaint with a couple of police officers standing by.

But the Hudson police officers made it clear they did not want to take the report.

Finally, after some urging from Kokesh, the officers told him to file his complaint at the police department.

So they did just that the following morning, meeting Lt. Charles Dyac in the lobby of the police department, who immediately threatened to arrest them if they did not turn off their camera.

Dyac informed them that they were in violation of New Hampshire’s wiretapping law, which he claimed forbade them from audio recording him.

Kokesh and Jardis reminded him of last year’s First Circuit Court of the Appeals decision that confirmed that citizens have the right to record police in public.

Dyac claimed that decision did not affect New Hampshire law.

Kokesh and Jardis told him he was wrong, citing a couple of examples. Kokesh urged Dyac to take the time to research the law.

And guess what? He did just that.

380391_249747485096617_100001841020833_618992_413761770_n.jpg

And 25 minutes later, he emerged from his office and admitted he was wrong.

After reviewing the Glik decision, Dyac told them they were allowed to continue recording in the lobby of the police department because it was a public space.

However, they would not be allowed to record once they entered his office to file the complaint because that is not considered a public space.

It’s true the Glik case did not address police complaints behind closed doors, but you would hope that police would allow citizens to record their complaints to ensure accuracy and accountability.

But that’s a battle for another day.

This battle was clearly victorious.

"I was a police officer for eleven years and I've never seen a police officer reverse his position on an issue like Lieutenant Dyac did,” Jardis wrote in a Facebook message to Photography is Not a Crime.

“If only all police officers would be willing to listen like this police commander did, the Constitution would be far better protected."

Jardis, who resigned as an officer last year after stating he wouldn’t arrest marijuana users, wrote about Tuesday’s experience here.

The video is long but worth watching. They end it with Kokesh informing Dyac that he wants to file a complaint against the original officers who refused to take his initial complaint.

The video showing the Gingrich goon assaulting Kokesh is below.

Comments

Elliott

4 months ago

That made me smile.. While the cop was wrong he at least didn't multiply his stupidity by actually arresting them without checking first.

So I'll give him a score of zero, -1 for the stupidity at the start and +1 for acknowledging his error when forced to.

Carlos Miller -...

Pixiq Expert

4 months ago

I'll give him +2 for acknowledging his error.

Elliott

4 months ago

I'll split the difference with ya. :) +1

Duane Kerzic

4 months ago

My hat is also off to Lt. Charles Dyac. It's so easy to check these things today. +2

Rich

4 months ago

If its a constitutional right to film and a constitutional right to equal protection of the law, then it is a constitutional right to use your rights while filing a report.

Joshua

4 months ago

Bravo to Lt. Dyac, he is the epitome of a good LEO. If only more cops could be more like him.

However, I was very surprised that Kokesh and friend so quickly conceded that they had no right to pass beyond the lobby with their recording equipment. I would be very much interested to know what case holds that the inside of a police station is not a public space, or that law enforcement officers have an expectation of privacy in that space such that they can prevent recording by a citizen who is not under arrest and is lawfully on the premises.

Admittedly I have not researched this, but my intuitive sense as a lawyer (admitted in NJ) is that police should not have a right to arbitrarily prevent you from video and audio recording the taking of a police report when your recording is not interfering with the operation of the station house and is not infringing on any legitimate expectation of privacy. Of course the police could always complain that the audio and/or video recording is a "distraction," but that excuse should ring fairly hollow even to laypersons who frequent this blog.

Just my two cents, feel free to correct me if I'm wrong.

4 months ago

and thats why i have a camera in my watch, a pen and a belt buckle. they are always fixated on your hand camera.sometimes i dont even turn that one on and say i deleted it already.. i recently saw one that looks like a bluetooth ear piece giving a direct POV of the subjects face..p.s.don't take pictures of cops in Juarez. ouch and you won't be suing anyone if you make it home. yeehaw

Rick

4 months ago

USSC Hudson v. Palmer, 1984 (sorry, don't have the citation) would support, i believe, that going beyond the lobby would NOT be considered 'public.' There are several lower court decisions also. Basically, I think it is because there may or may not be 'inmates' on the other side of the door; probably security reasons also. Hope this helps. I give BIG atta'Boy to the LT. He stood his ground at first, as he 'thought' he was right. Once corrected, he was very polite and professional. I only wish all LEO's would do the same.

Carlos Miller -...

Pixiq Expert

4 months ago

When I filed my complaint with internal affairs after my 2007 arrest, the cop who interviewed me recorded our conversation for accuracy purposes.

I didn't have an issue with it because I wanted him to get my statements on the record.

But I wonder how he would have reacted if I had insisted on recording the conversation with my own device.

Shawn Wright

4 months ago

It was great to read an article like this, but if I may point out something:

"However, they would not be allowed to record once they entered his office to file the complaint because that is not considered a private space."

Did you mean, "not considered a PUBLIC space," at least by the lieutenant's definition? By the way, there ARE private areas in otherwise public buildings. For example, I can walk into my local library, but I can't just waltz into an administrator's office and start snapping photos without their permission. Also, I can walk into city hall and go to any of the available departments or the city council chambers while they're in session, but I can't barge into the mayor's office and start photographing without his permission, either.

With that said, the lieutenant probably should have let them record the filing of their complaint, but I believe that he was within his rights to deny them permission to do so.

Carlos Miller -...

Pixiq Expert

4 months ago

Yes, that's what I meant. Thanks for the heads up. Just corrected it.

Lawrence

4 months ago

To say the goon assaulted the guy filming is a stretch. If I were a cop I would have walked away from those idiots crying wolf as well. I bet the goon barely touched the dude and these losers are just looking for any little reason to start shit. I am all about standing up for our rights but that was just ridiculous.

Zhaliberty

4 months ago

Some guy pulls up in his car in front of you, gets out and shoves you. Sounds like assault to me. You, yourself called him a goon. He looked like a goon and he acted like a goon, therefore, you're right, he's a goon. Quit defending and making excuses for goons and their goon behavior.