Is Videotaping the Police a Felony?
AtomicSnarl writes "When Carlisle, PA, police noticed their traffic stop was being videotaped, they arrested the fellow with the camera for felony wiretapping. From the story: 'Kelly is charged under a state law that bars the intentional interception or recording of anyone's oral conversation without their consent... An exception to the wiretapping law allows police to film people during traffic stops.. [An assistant DA] said case law is in flux as to whether police can expect not to be recorded while performing their duties.'"
Its almost the same situation with guy who got permission from a land owner to sit on the property and video tape police. The judge considered it unlawful seizer, and he won the case. Mainly because video taping is a legitimate way of gathering evidence. The full case is at http://www.paed.uscourts.gov/documents/opinions/05 D0847P.pdf
That case was federal, I have no idea about state laws but in theory it could be appealed and possibly get the federal court involved.
It is *NOT* illegal to film the police. The organization CopWatch is based on that freedom. In fact, it is legal to film your public officials at any time. (Well, maybe not in the bathroom). When a public citizen on public land is told to turn off her or his camera, it is called cohesion, and is illegal.
Video of my friend being coerced here: http://youtube.com/watch?v=DMDW4Fszj2U
Also, a follow up here: http://youtube.com/watch?v=QWmLufB6Bsw
If I give a donut to person A and say "give this to person B", and A does as I request, you would say I didn't give B a donut.
What changed under Obama? Nothing Good