You can be arrested for invading the police's right of privacy if you videotape...

[TreasonousBastard]

them during an arrest. Or any other time.

Today's Talk of the Nation on NPR (audio and podcast not up yet) had a discussion of Maryland's strict law about taping police. Other states have varying rules, and police are divided about the concept of being taped while on duty.

Yes, amazingly enough, by law in some places the police do have an expectation of privacy and you could be arrested and tried on felony charges if you tape the next Rodney King.

[MineralMan]

1. Now, that's bad law.

[jtuck004]

2. They can pass laws anytime. How far up the legal chain has

this been challenged? And what if you take the stance that you are recording for purposes of reporting? Don'tyo have free speech rights also?

[TreasonousBastard]

5. All this is answered in the show, whenever the audio is available...

it's a court-approved interpretation of the wiretap law in Maryland.

[jtuck004]

18. They are probably afraid to post it, might be an illegal wiretap...

We will see what happens when the ACLU and SCOTUS finish with it all. One would think we have rights to video tape public officials doing a public job financed by public money, but with today's court...

[RKP5637]

3. Yep, one step more toward a police state, some laugh at me, but if the

status quo of the wealthy and power brokers is disturbed you can bet this will be a police state immediately. It's happened in other places, why are we immune.

[WinkyDink]

23. It HAPPENED ALREADY: NYC, 2003, March Agasinst War. Closed-off sidewalks/streets; riot-gear; etc.

[The Wielding Truth]

4. Have we fallen behind the iron curtain? This is so wrong in a democracy.

They are public servants. We have a right watch their actions. If they are under cover then they would not have their uniforms on, but while in uniform they are meant to be seen.

[Hydra]

11. The iron curtain was probably something our top leaders drooled over

Even as they used it to score political points.

[KonaKane]

6. But the police tape you at every stop now. It's routine.

Whay hypocritical bullshit. I cannot see this surviving a serious court challenge.

[Subdivisions]

8. Yup, they record US without our consent. But hey, that's ok! n/t

[KonaKane]

12. Fuck em then. Tape away, I say. They cannot put everyone in jail.

There are far more people with videophones and cameras with them all the time these days, than jail cells.

[Subdivisions]

7. What about the whole being out in public exception to the expectation of privacy? n/t

[ejpoeta]

9. so then is it a violation of your privacy when those cameras they have mounted on their car

videotapes you? that's bullshit. when it's your word against them and everyone will believe them, then the video is all you've got. that is such horseshit.

[Bozita]

10. So, if my CCTV camera records a cop doing bad things, I can be arrested?

That's bullshit.

[Bozita]

15. If it's a BP security camera, does the BP CEO get arrested?

[guitar man]

13. who says they have a right to privacy?

Certainly they have the same right to privacy in their personal life as the rest of us, their medical records, financial info etc.

But, privacy in the performance of their job? Fuck that, we are paying their salary and we put a lot of power and trust in their hands, if they can't stand up to a little scrutiny, they need to find another line of work. The law should not codify bad behavior on their part.

[spanone]

14. are they allowed to tape us?

[Hissyspit]

16. Absolute unconstitutional bullshit.

No question at all.

[Octafish]

27. Guess which corporate isshules get to decide about that?

[Hissyspit]

28. Amazing, isn't it?

[wildbilln864]

17. k&r! nt

[B Calm]

19. They can tape you, but you can't tape them. . That's fucked up!

[JoeyT]

20. Of course if their SWAT team has shitty informants or gets the address wrong and kicks in your door.

Your right to privacy hasn't been violated at all.

By the way, the police get around the wiretap law by not recording audio, I'm told. You can still record them with video, supposedly. Which does next to no good since virtually nothing will record one but not the other.

[ceveritt]

21. You people make me laugh.

Albeit bitterly.

The police can arrest you any time they choose. It's all about "suspicion" or "suspicious behavior."

You think because you can't tape them this is a big deal, and it's leading to a police state?

Have none of you ever been young? And busted for no reason at all?

OK—enough of my rant.

Now, tell me I'm wrong.

I'll see you with Richard Pryor—where there's "just us."

[WinkyDink]

22. WOW. So no taping evidence of police brutality, or wrong "no-knock" break-ins. Great!

[KurtNYC]

24. I looked for an example of how this plays out, found this

A guy had a camera on his motorcycle helmet and is tapping himself speeding through traffic. When he is stopped by a plainclothes cop, he backs up and revs his engine as if he is about to make a break. The cop pulls out his gun but never points it at the videotaper speeder guy. And this all produces only a speeding ticket... until the video taper guy post an edited version of the tape on YouTube and calls the cop by name a thug.

http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/

If I understand correctly, there is no law against videotaping specifically, so they use a wiretap law. And it unclear from the linked story whether the wiretap law held up or whether it was just an excuse to retaliate against the YouTube video posting.

[sendero]

25. I don't see how this is constitutional.

.... and I'm looking forward to a SCOTUS challenge.

These laws are to protect cities and states from lawsuits brought by victims of police misconduct, nothing more nothing less and they are wrong.

[Ian David]

26. What to Do When Police Tell You to Stop Taking Photos, Video

What to Do When Police Tell You to Stop Taking Photos, Video
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8715220