Police increasingly use false wiretapping charges to prevent video recordings
A South Florida model films a cop who is threatening to arrest her son and she gets arrested on felony charges.
An Oregon man films a cop who is roughing up his mentally ill friend and he gets arrested on felony charges.
And a Boston man films a cop arresting a drug suspect and he gets arrested on felony charges.
These are only a handful of people in this country who have been arrested in recent years on felony charges after doing something that is protected under the First Amendment.
Their charges? Illegal wiretapping or eavesdropping, a charge that never fails to get thrown out before reaching court. But by then, the damage is done. Their rights have been trampled on and police rarely get punished for making such unlawful arrests.
An article this week in the Boston Globe highlighted such arrests in the Boston area, but anybody who reads this blog knows these types of arrests occur on too much of a frequent basis around the country.
There are no hard statistics for video recording arrests. But the experiences of Surmacz and Glik highlight what civil libertarians call a troubling misuse of the state’s wiretapping law to stifle the kind of street-level oversight that cellphone and video technology make possible.
“The police apparently do not want witnesses to what they do in public,’’ said Sarah Wunsch, a staff attorney with the American Civil Liberties Union of Massachusetts, who helped to get the criminal charges against Surmacz dismissed.
The laws on illegal wiretapping vary from state to state, but one thing is clear in all states. A person must have had an expectation of privacy in order to become a victim.
In other words, if you are filming a cop in public, that cop does not have an expectation of privacy. Especially if that cop sees your camera.
For more information, check out the Field Guide to Secret Audio and Video Recordings.
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Comments
pretty sure the supreme court has ruled on this, or at least a state supreme court.
The freakin cops are allowed (in certain states) to record phone calls that they make to suspects.
I bet there have been wiretapping arrests made in those states too.
I hate one sided legislation.
I’m so glad my state (Oklahoma) is a single party consent state. I’ve filed 4 complaints against police officers over the years and 3 were found in my favor – Why? Simple, those three I had audio and/or video evidence of the police harassing me or others. If I would have lived in a 2 party consent state then simply gathering evidence would have led to my arrest.
Samples:
http://www.youtube.com/watch?v=TgcAcz1smok
http://www.youtube.com/watch?v=PSwCyrSj_Mw
Brian Bates´s last blog ..JohnTV.com is now streaming LIVE online!
For your information only:
http://www.aapsonline.org/judicial/telephone.htm
The scary thing about this article is they say that certain individuals have been prosecuted for having hidden cameras in places like Massachusetts and other anti wire tapping state areas. They say that since a microphone or a camera was hidden in clothing that it fell under that law, even though the recordings were in public areas where nobody had an expectation of privacy. The judges who are ruling against individuals who have hidden mics and cams in public areas seem to be the most evil enemies of the state as they are slowly changing and eroding the 1st amendment.
So, I have to assume that the LEOs who made these arrests don’t use dash mounted cameras without consent of the people they video, right?
Well, it’s like anything else. The Cops want it both ways.. with everything pointing in their direction! All for them and none for us.
Rail Car Fan
This is happening to me right now. See and .
Eli Damon´s last blog ..Response to Racerx’s Comment
Ok, so I’m quoting from Andrew Kantor’s publication entitled:
Legal Rights of Photographers
A photographer is not trespassing, even on private property, if such a place is open to the public. There is no need to get specific permission to enter any facility that is open to the public, including office buildings, malls,
banks, etc. Of course, that permission can be revoked. Photographers can be asked to stop shooting or to leave, but are not at that point trespassing unless they refuse to comply.
So, do I understand that one can enter a public place, point a camera, be asked not to shoot pictures, or to stop shooting pictures, or to leave, be legitimate, BUT, if they do not stop shooting, and refuse to comply, however, if asked to leave and they reuse to comply, they are trespassing?
Joe: You might be right but you are missing the point. (1) No one is being charged with trespassing; they’re being charged with wiretapping, which is VERY different. (2) Wiretapping laws pertain only to recording of voices, not images, and the recording must be done secretly to qualify as wiretapping. Permission to record is irrelevant.
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