Man Arrested for Videotaping police

[MazeRat7]

If I had not read this article I would not believe this...

A city man is charged with violating state wiretap laws by recording a detective on his home security camera, while the detective was investigating the man’s sons.

Michael Gannon, 49, of 26 Morgan St., was arrested Tuesday night, after he brought a video to the police station to try to file a complaint against Detective Andrew Karlis, according to Gannon’s wife, Janet Gannon, and police reports filed in Nashua District Court.

Police instead arrested Gannon, charging him with two felony counts of violating state eavesdropping and wiretap law by using an electronic device to record Karlis without the detective’s consent.

This was a store bought security camera the man had installed because of crimes against his person and property..

Also, if in NH it's illegal to videotape someone without their consent, then what "special" rules allow the police to do the very same thing when they are trying to make a case. Or what about use of video tape say in a bank robbery... I seriously doubt the robber is giving consent.

This argument by the police seems pretty thin and rings of being pissed for getting "caught at being pricks" (even though there are no laws against such). IMHO.

MZr7

[Swamp Rat]

1. My very first thought: the police have committed a crime and want to cover

it up. I wonder if they have already destroyed incriminating evidence on the tape?

We really need to videotape the police 24/7 to make sure they aren't committing crimes. Hey, if they are not breaking the law, then they have nothing to fear.

[Richard Steele]

9. DingDingDing! We have a WINNER! nm

[tbyg52]

26. Public officials

*Should* be monitored when they are doing the jobs we the people are paying them for. How come they get to tape us and we don't get to tape them? Who is in charge here? Who is *supposed* to be in charge here? We the people, that's who.

[dogday]

36. Well If they have nothing to hide

isn't that what we have been hearing? If it is good enough for us, it surely should be good enough for them, especially when their job is to enforce the law, not break it...


Oh that's right we have COPS, they show us the true story right???? :shrug:

[Heidi]

2. In Denver:

http://www.westword.com/Issues/2006-06-08/news/news.html

[sandnsea]

4. Whoa, that is totally out of control

That's what the "I got nothin' to hide" crowd has gotten us. Cops who think they can do whatever they want because nobody will stand up for their neighbors based on principle and civil rights.

[Heidi]

5. Exactly.

And then when the people do attempt to prove their point via video or use video as a deterrant to thuggery, they're busted for it. :thumbsdown:

[BuhByeChimp]

31. any followup to this?

I'd hope the police officer was at the very least disciplined in some way.

[unschooler]

3. Monkey see monkey do.

These idiot cops see the Chimp in Chief make up the rules as he goes along, and they figure they can do the same thing.

[Poll_Blind]

6. Indeed! n/t

PB

[Mr_Jefferson_24]

11. You're right...

...Chimpy has created a "Brownshirt" mentality among our nation's cops. We've seen it repeatedly in their abuse/mistreatment of protesters/demonstrators over the past 5 years.

[eShirl]

7. maybe should have gone to a lawyer and have him/her deal w/ police

in hindsight

[KitchenWitch]

8. That was my thought as well

Perhaps the person now has, at the very least, a civil case against the police.

[zonkers]

10. Do you think it is illegal to secretly tape a cop who pulled you over.

Like if you had a camera hidden in your car, maybe in the drivers side mirror? Seems like a good thing to do when you get pulled over.

[Nay]

12. It's no more illegal than the cops videotaping YOU with their

dashboard cameras when they pull you over in a traffic stop. This is ridiculous. Any lawyer should be able to trash this in 2 minutes. What, now I can't videotape in MY OWN HOME to keep people honest? Why not? Everybody else can -- think of your boss's cameras at work, the traffic cams, the streetcorner cams, the videotape of police beatings on the street -- none of THEM seem to be illegal.

[Tesha]

19. Please read my reply below. Unannounced recording is illegal in NH. (NT)

[Tesha]

17. In NH, that is clearly illegal.

> Do you think it is illegal to secretly tape a cop who pulled you over.
> Like if you had a camera hidden in your car, maybe in the drivers side
> mirror? Seems like a good thing to do when you get pulled over.

In NH, that is clearly illegal.

All parties must be notified of a recording that is being made.

But here, it appears NPD is just trying to SLAPP the guy;
the newspaper story said he had stickers posted which
announced the surveillance.

This will be yet another case that NPD quietly settles
out of court, to the further embarrassment of the department.

Tesha

[OldCurmudgeon]

42. please note, there can be a difference

between VIDEO recording and AUDIO recording.

I don't know the NH law, but PA law requires "all party consent" for AUDIO recording,
but no such requirement for VIDEO recording.

Cameras in convenience stores, parking lots, banks, are all VIDEO-only.

So if this guy was using a "store security recording setup", it's probably a purely
video recording. It wouldn't record what was said, but if a cop is stomping his
feet, waving a fist in the guys face, etc., it'll show it clearly.

[Tesha]

43. Yes, that's the crux of the matter here.

His rig apparently was both audio and video, but his
disclosure decal(s?) made this clear, so it's pretty tough
for the cops to argue that, by speaking after being so
notified, that they weren't giving implied consent for
the audio recording.

They're just pissed they got caught roughing up a
tax-paying citizen; they (their leadership, actually)
will eventually come to their senses and back down.

Tesha

[rock]

13. Well, it can't be eavesdropping

if you're part of the conversation. You might as well charge the man with (say) rape. It simply doesn't apply in this situtation.

[Vidar]

14. Cops Gone Wild

[wildbilln864]

15. I think it's...

rediculous! We should follow this story closely. I know from now on, when any cops are involved, I'll just say up front that they are being wirelessly videotaped. I don't believe it's a crime to record anyone as long as they know.

[Tesha]

20. Make sure you ask something like...

> I know from now on, when any cops are involved, I'll just
> say up front that they are being wirelessly videotaped.

Make sure you ask something like...

"You understand that I'm videotaping our conversation, right?"

Don't leave any doubt.

Personally, for any incident bigger than a traffic stop for
running a stop sign, I don't believe that *ANYONE* should
have *ANY* conversation with a police officer without their
attorney being present. Learn to say this:

"I'll be happy to speak with you after my lawyer arrives.
Until then, I have nothing to say to you."

Whatever they ask you, say that magic phrase.

Tesha

[Tesha]

16. This is standard operating procedure for the Nashua PD.

While there are plenty of good officers on the force,
there are also a few that have quite an exagerated
sense of their own importance, and their leadership
tends to back them up. They tend to try to SLAPP
anyone who goes up aganst the goons.

I have heard (from a source I'd consider both reliable
and in a position to know) that NPD is sued eight times
as often as any other PD in New Hampshire; I could
believe that stat.

While it sounds like the fellow charged in this is no
charmer, personally, I believe that if the guy had
stickers up warning of "videotape surveillance", then
NPD hasn't got a leg to stand on and I can foresee a
quiet, out-of-court settlement in the not-too-distant
future. After all, how often do they bust the owner
of the local Seven-11 or gas station for videotaping
the cops buying doughnuts? (And you *KNOW* all those
stores have similar videotaped security systems.)
They're just pissed that their officer *GOT CAUGHT*
behaving badly.

Tesha

[Ioo]

18. "on his home security camera" - So now CCTV is Illegal?

So I need a release form for a crook if he enters MY HOUSE that I am taping?

[Tesha]

21. Unannounced, it is illegal in NH. (NT)

[LifeDuringWartime]

22. maybe

maybe this case will pave the way for changes to the law?

[Tesha]

23. Probably not since the guy in question seems to have "announced".

> maybe this case will pave the way for changes to the law?

Probably not since the guy in question seems to have "announced".

The newspaper story seems to say that he has windows stickers
announcing the videotaped surveillance. If this is the case,
the guy has a slam-dunk case against NPD with no changes in
the existing law; they were just pissed that their officer
got caught being a jerk and they were trying to SLAPP the
guy down.

Tesha

http://en.wikipedia.org/wiki/SLAPP

[Solon]

24. Well then the cops overreacted, and will get sued probably...

for Unlawful arrest and detainment. I guess he had a "You will be taped on these premises" sticker on a window in plain sight, the cop was either blind or stupid.

[Heidi]

25. Kick. This is important.

:kick:

[Greyhound]

27. Thank God we live amerika, the land of the free and home of the brave.

That is, as long as you can afford to pay for justice and your freedom.

But, don't worry it's not like we live in a police state or anything like that.

[HiFructosePronSyrup]

28. I believe this was a supreme court case a few years ago.

I think they ruled it was perfectly legal to video tape cops.

[kentuck]

29. We need more lawyers...

just for people like these policemen...

[BuhByeChimp]

30. Bump

This story needs to get some coverage.

[icymist]

34. Um, ....... nevermind.

:evilgrin:
bump indeed.

[Jara sang]

32. K&R

[ContraBass Black]

33. I hope he kept an extra copy in a safe place.

[Tesha]

39. He didn't. But the NPD has given a copy to the County Attorney...

He didn't. But the NPD has given a copy to the County Attorney
so there's already more than one copy floating around; harder
to doctor.

Tesha

[anarch]

35. when policemen break the law, then there isn't any law...

just a fight for survival.

[Reckon]

37. In NH does Walmart video tape people in their store?

I've never seen anything writen that stated I was being recorded.

[Kingshakabobo]

38. I THINK there is a difference between visual and audio.......

Audio is usually governed by stricter rules. Wiretapping etc.

[Tesha]

40. That's the claim that NPD is making.

But the guy's sign discloses both, so I think it's a safe bet that
by choosing to speak, the NPD officer was implying consent with
the posted terms.

Tesha

[Tesha]

41. Today, NPD is back-pedaling their *ASSES OFF*.

Today, in the paper, the chief of the Nashua PD is making all
sorts of concilliatory noises. Among other things, NPD has
realized that they over-charged the guy, charging him with
a felony when the best they can legally manage is a misdemeanor
(because it's only a felony if none of the parties know they're
being recorded, whereas it's only a misdemeanor if some of
the parties "don't know", and even if the NPD can't read and
so didn't know they were being recorded, Gannon certainly
knew he was recording himself).

And NPD has asked the County Attorney for a "second
opinion"; I think they're hoping that the County Attorney
politely states that the case can't be prosecuted and
that would give NPD a chance to dismiss the charges
with what they hope is no great loss of face.

At this point, it's really looking like a question of how
quickly they settle and for what damages; they might
still get away without suffering monetary damages.

Tesha