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Leave a Message, Go To Jail
Okian Warrior writes "A man in Weare, New Hampshire was charged with felony wiretapping for recording the police during a traffic stop — based on a cell phone call he made as an officer approached his vehicle. From the article: Police considered it wiretapping because the call was being recorded by a voice mail service without the officer's consent."
Source: The police themselves! http://www.met.police.uk/about/photography.htm
This article describes three activists being arrested (it's not mentioned in the article, but they were all later acquitted); it's not clear if they were arrested for photographing police offices or for simply asking police officers to give their badge numbers (neither are illegal in the UK, and police officers are required by law to give their badge numbers when requested by a member of the public).
The problem is that the police frequently seem to be unaware of what the law says.
FitWatch is a great resource for seeing how the police photographers act, and how they expect civilian photographers to act.
Posting anonymously because I live in what is rapidly becoming a very unpleasant place to live.
Because if its the police doing the recording its easier for the recording to go missing or accidentally glitch than it would be if the person being pulled over did the recording.
And the article mentions that claim:
Police also claim dashboard camera videos of her arrest aren't available because the equipment wasn't working that night. Hipple said police don't have maintenance records to prove the cameras weren't working.
That was from an earlier arrest of a different person, so it might be no surprise that the man the article focused on didn't trust the police to have records of his traffic stop.
That link says they have the power to confiscate anything they think might be evidence of terrorism. "This includes any mobile telephone or camera containing such evidence."
So basically, you can photograph and video tape the police if you want your camera seized.
Here in NH we have this thing called the "NH Liberty Alliance" which is this psuedo-anarchist libertarian/teaparty group that tries to indirectly egg-on the police. They pull stunts like carrying a pistol standing downtown at a crowded intersection (which is legal), and pull out the camcorder if a cop walks over to ask them if everything is ok
As a former Director of Research for the NH Liberty Alliance, I can say fairly categorically that you're damn confused about what the NHLA is, and does.
The NHLA is a non-partisan, libertarian-leaning political organization. The organization's goals are "to increase individual freedom in New Hampshire. We do this by monitoring bills in the legislative sessions and encouraging private charity, a civil society, and citizen involvement."
I suspect you are confusing the NHLA with other "liberty-oriented" groups in NH, just as the apolitical civil-disobedience crowd over at Free Keene or NH Underground. Personally, while I agree with the philosophy and sentiment of many of those people, I despise those groups and their frankly stupid, counterproductive antics.
Part of the Second American Revolution!
In MOST US states, recording conversations only requires the consent of ONE person. In this case, that would be the caller.
Of course would could also argue the cop was ON A PUBLIC STREET and therefore has "no expectation of privacy" to quote the US Supreme Court. It sounds like this case is destined to be over-turned.
Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
Here is a summary of NH law [rcfp.org]. It does seem pretty severe.
It is, and a favorite tool of abuse. We're working to get this fixed.
Here's my testimony before the NH House for a bill that would remove any possible wiretapping charges when it involves a public employee executing his duties ("On The Job, On The Record"). New Hampshire folk, please call your reps and ask them to support HB145.
Now, then, the interesting part. This video was shot by the man so accused - he's an accomplished videographer who spends a tremendous amount of volunteer time video recording NH Legislative hearings for those who cannot attend. He participated in the political process to get rid of this abusive loophole in the law just a handful of days before charges were brought. On an 8-month old 'incident', one that's likely to be dismissed on a simple reading of the law (a telecommunications device, e.g. a cell phone, is explicitly excepted). His video comments were critical (and rightly so) of those who abuse the system. To me, this is retribution for engaging in the political process.
The first bit of testimony in this video was from a woman who was targeted by the same police department (one that refuses to return her camera even after charges were dismissed). It's hoped that the chief is replaced in the election this coming Tuesday (and thus a house-cleaning can begin - these charges against the department are among the less severe).
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)