In answer to a torrent of Facebook and YouTube videos that depict police abuse , a new vogue in law enforcement is make popularity . In at least three states , it is now illegal to record any on - responsibility police officer .
Even if the coming upon involve you and may be necessary to your defense mechanism , and even if the recording is on a public street where no expectation of concealment be .
The legal justification for arrest the “ shooter ” rests on live wiretapping or eavesdropping law , with statutes against obstruct jurisprudence enforcement sometimes cited . Illinois , Massachusetts , and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless , as with TV news gang , it is obvious to all that recording is afoot . Since the police do not accept , the camera - wielder can be arrested . Most all - company - consent states also admit an exception for recording in public office where “ no expectation of secrecy exists ” ( Illinois does not ) but in practice this exception is not being recognized .
Massachusetts attorney June Jensen play Simon Glik who was arrested for such a recording . She explain , “ [ T]he legislative act has been misconceive by Boston police . You could go to the Boston Common and snarl pictures and record if you require . ” Legal assimilator and prof Jonathan Turley consort , “ The constabulary are basing this title on a absurd reading material of the two - company consent surveillance law – ask all parties to consent to being taped . I have written in the area of surveillance law and can say that this is utter frill . ”
The court , however , dissent . A few weeks ago , an Illinois judge rejected a gesture to can an eavesdropping charge against Christopher Drew , who register his own arrest for selling one - one dollar bill artwork on the streets of Chicago . Although the misdemeanor charges of not having a pitchman ’s license and peddling in a prohibited field were dropped , Drew is being prosecute for illegal transcription , a Class I felony penal by 4 to 15 years in prison house .
In 2001 , when Michael Hyde was arrested for criminally break the DoS ’s electronic surveillance law – aka recording a police showdown – the Massachusetts Supreme Judicial Court upheld his conviction 4 - 2 . In dissent , Chief Justice Margaret Marshall submit , “ citizen have a particularly of import function to play when the official doings at issue is that of the police force . Their part can not be perform if citizens must revere criminal reprisal … . ” ( observe : In some states it is the sound recording alone that makes the recording illegal . )
The choice of “ shooters ” point for prosecution do , indeed , suggest a design of either reprisal or an attempt to restrain .
Glik captured a constabulary action on his cell to document what he considered to be excessive force . He was not only arrested , his headphone was also seized .
On his website Drew write , “ Myself and three other artists who documented my actions tried for two month to get the constabulary to nail me for trade artistic production business district so we could test the Chicago peddlers license law . The police hesitated for two month because they knew it would intend a federal court case . With this felony electric charge they are trying to avoid this test and ruin me financially and stain my credibility . ”
Hyde used his transcription to file a harassment charge against the police . After doing so , he was reprehensively charge .
In short , recordings that are flatter to the police – an ship’s officer snog a child or rescue a dog – will almost certainly not ensue in prosecution even if they are done without all - party consent . The only people who seem prone to pursuance are those who obstruct or face the police , or who somehow challenge the law . If true , then the prosecutions are a form of social control condition to discourage criticism of the police or simple dissent .
A recent arrest in Maryland is both distinctive and disturbing .
On March 5 , 24 - year - honest-to-goodness Anthony John Graber III ’s motorcycle was pluck over for hurrying . He is presently face vicious charges for a video he recorded on his helmet - mounted tv camera during the dealings arrest .
The case is disturbing because :
1 ) Graber was not arrested immediately . Ten days after the encounter , he posted some of he material to YouTube , and it abash Trooper J. D. Uhler . The trooper , who was in plainclothes and an unmarked railway car , jumped out undulate a gun and screaming . Only after did Uhler identify himself as a police officer . When the YouTube telecasting was expose the police force got a endorsement against Graber , searched his parents ’ house ( where he presumably lives ) , appropriate equipment , and charged him with a violation of wiretapping law .
2 ) Baltimore criminal defensive measure attorney Steven D. Silverman said he had never get wind of the Maryland wiretap law being used in this manner . In other words , Maryland has joined the boom trend of criminalise the act of register police revilement . Silverman surmises , “ It ’s more [ about ] ‘ contempt of cop ’ than the violation of the wiretapping law . ”
3 ) Police spokesman Gregory M. Shipley is defend the pursuit of mission against Graber , denying that it is “ some impulsive payback ” and citing as justification the particularly egregious nature of Graber ’s dealings offenses . Oddly , however , the offenses were not so egregious as to cause his arrest before the video look .
Almost without exclusion , police functionary have staunchly supported the nail officers . This argue strongly against the approximation that some rogue officers are overreacting or that a few cops have something to hide . “ apprehend those who immortalise the police ” appear to be prescribed policy , and it ’s gage by the courts .
Carlos Miller at thePhotography Is Not A Crimewebsite offers an explanation : “ For the second time in less than a month , a police officer was convicted from grounds prevail from a videotape . The first officer to be convicted was New York City Police Officer Patrick Pogan , who would never have stand up trial run had it not been for a video brand on Youtube testify him body slam a cyclist before charge him with assault on an officer . The second military officer to be convict was Ottawa Hills ( Ohio ) Police Officer Thomas White , who snap a motorcyclist in the back after a traffic stop , for good paralyzing the 24 - yr - old man . ”
When the police act as though photographic camera were the equivalent weight of guns pointed at them , there is a sense in which they are correct . Cameras have become the most efficient arm that ordinary people have to protect against and to expose police abuse . And the constabulary want it to contain .
mirthfully , even as the practice session of apprehend “ gun for hire ” expand , there are polarity of efficacious recoil . At least one Pennsylvania jurisdiction has reaffirm the rightfield to video in public spot . As part of a settlement with ACLU attorneys who be an arrest “ shooter , ” the police in Spring City and East Vincent Township adopted a written policy allowing the transcription of on - duty officer .
As journalist Radley Balko declares , “ state of matter legislatures should debate passing laws explicitly making it legal to record on - duty police force enforcement officials . ”
Wendy McElroy is the author of several book on anarchism and feminism . She maintains the iconoclastic websiteifeminists.netas well as an active web log atwendymcelroy.com .
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