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"Wiretapping" Charges May Be Oddest Ever Recorded

Posted by CmdrTaco on from the tap-into-the-future dept.

netbuzz writes "Guy kicks up a fuss at a Massachusetts car-repair shop, employees call the police, guy allegedly gives them a hard time, too, and they charge the fellow with a variety of expectable charges: disorderly conduct, resisting arrest ... and 'unlawful wiretapping and possessing a device for wiretapping.' The device? A digital voice recorder. Massachusetts is one of only 12 states that prohibit the recording of a conversation unless all parties to it are aware it's being recorded."

9 of 439 comments (clear)

  1. Lie to me! by mcgrew · · Score: 5, Interesting

    Illinois is one of theose twelve states. I refer to it as the "liar's law". There is no other reason I can't record a conversation in a public place except that the politicians don't want their lies revealed.

    Well, maybe there are other secrets they want kept that aren't lies -- like their extramarital affairs. These 12 states, including mine, must have some incredibly immoral and hypocritical legislators.

    However, I'll bet that the wiretapping charge doesn't stick. These days the cops make all sorts of spurious charges and the DA plea bargains the charges down. I'll bet he pays a few huundred bucks fine for a misdemeanor.

    Oh wait, strike that -- gambling is iolegal here, too.

    --
    Free Martian Whores!
    1. Re:Lie to me! by Attila+Dimedici · · Score: 3, Interesting

      Pennsylvania is one of the states with such a law. However, the Pennsylvania statute explicitly excepts those locations where a person does not have an expectation of privacy, such as a restaurant. I think that there is a good chance that this case would fall under such an exception

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:Lie to me! by SydShamino · · Score: 3, Interesting

      I can magically avoid detection on an audio tape by keeping my damn mouth shut.

      I can't yet magically avoid detection on a video tape by turning invisible. And no, wearing a ski mask to avoid recognition isn't a reasonable alternative.

      --
      It doesn't hurt to be nice.
    3. Re:Lie to me! by Daniel_Staal · · Score: 4, Interesting

      Usually such a law is supported by the argument that an undercover police officer can't record what you say without you knowing about it.

      I'm with you: I can see the ability to make such recordings being a great safety tool in some circumstances, but I can also see great potential for abuse.

      --
      'Sensible' is a curse word.
    4. Re:Lie to me! by Tanktalus · · Score: 3, Interesting

      I wonder how much trouble I'd get into if I put on a ski mask, in the middle of summer, and walked into my local bank, walked up to the ATM, put in my own card, took out some cash, and walked out. Would I even get back to the door, or would the police already be there to arrest me while I was trying to take out the cash?

      Maybe if I were independently wealthy and had time on my hands to take the police down a notch or two I'd try something like this. In the meantime, though, I don't think I can afford the lunacy of fighting the cops.

    5. Re:Lie to me! by mcgrew · · Score: 3, Interesting

      There are times when the evidence points to you when you ARE innocent. It doesn't matter whether or not you're guilty, it matters that the state can prove your guilt, whether or not you're guilty.

      In times like that I'm sure you won't hate lawyers.

      --
      Free Martian Whores!
    6. Re:Lie to me! by Burning1 · · Score: 3, Interesting

      I'm a motorcyclist. I wear a helmet on my way to the bank, and for the colder half of the year, I wear a ski mask underneath that.

      Banks are pretty touchy about masks. I've never tried to wear one into the bank, but they've actually stopped me from putting on my helmet on the way out, even after they had my face on camera.

      I find that it tends to make (mall) security officers a little tense as well.

      Interestingly, people tend to be more nervous about the mask than the helmet. I installed a nose guard which effectively covers the ski mask - you can't easily tell I'm wearing one by looking through the visor. People seem a little more relaxed.

      All the banks I go to have ATMs on the outside. I never take my helmet off when I use them, and I've never had any trouble because of it.

      I strongly suspect that if you walked into a bank wearing a ski mask for no obvious reason, an officer would be called by the time you got to the teller, and you'd be arrested on your way out.

  2. Re:Video Surveillance Cameras? by codegen · · Score: 4, Interesting

    Actually, the laws only apply to audio, video is just fine as long as there is no microphone.

    --
    Atlas stands on the earth and carries the celestial sphere on his shoulders.
  3. You're wrong Shakrai. by ClioCJS · · Score: 4, Interesting
    Linda Tripp would have been prosecuted, but she gave her tapes over in exchange for immunity.

    And she was still indicted. By the democrats, even.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com