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."
Makes me more and more glad I live in the UK.
If you believe that use of the wiretapping law in instances like this is abuse, make sure your district attorney knows that prosecuting these cases means you will do your best to get a different person into their office next election.
Hurry up and revolt.
Cue a dozen, "It's not as bad as under Honecker, so we don't need to do anything yet!" responses.
Unless they were on private property? Even if the car is considered private property, unless the officer was sitting in the passenger seat, anyone can record anything they want anywhere if it is in public. That is the premise for most all security cameras and recordings anywhere ever.
That's odd...because many (if not most) states have systems whereby the actions in front of the car are recorded on video, and audio is captured from a microphone on the officer. The basis for this not needing a warrant is common law precedent that during a traffic stop there is no expectation of privacy...so how is there an expectation of privacy if it's the person being stopped who does the recording?
For your security, this post has been encrypted with ROT-13, twice.
Funny how every time I hear of a case like this it's a cop being recorded. Since they are public servants shouldn't it be legal to record them if they are on duty? This is strictly about them not wanting records when they do something wrong. With current technology I think they should have at least audio recording of on duty police officers. It would be valuable evidence that would help back up the cops testimony. I think it shows how often there is wrong doing by cops given how violently opposed they are to recordings. I still remember the video taping of a cop slamming a kid into the trunk of a car in LA. They made all sorts of excuses but it was inexcusable behavior. The kid was handcuffed and unconscious when he got slammed in the trunk. It actually woke him up when he hit the car after they beat him unconscious. His crime? He was filling up the car while his father sat inside. It was a case of mistaken identity but the cops consider everyone guilty until proven innocent. FYI I've got two family members that were cops but I also lived 25 years in LA and had some very bad experiences with them.
Atlanta's police are corrupt and brutal; it's for my own safety. They've beat me down before and left me, without any arrest, bleeding on the sidewalk. Every single time I interact with an officer where I'm suspected of committing a crime, I record the audio.
Wiretap, noun - an act or instance of tapping telephone or telegraph wires for evidence or other information. No wiretapping was involved. Recording in public is 100% legal in all jurisdictions if there is no reasonable expectation to privacy. Police officers do not have an expectation to privacy whenever they pull someone over in public. How the hell is this even a case? Oh, wait, gotta protect their own. Gotcha.
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
http://thomas.loc.gov/cgi-bin/query/z?c111:H.CON.RES.298:
This would prevent the prosecution of the recording of the police during their official duties.
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Dear New Hampshire,
You can now shorten your slogan to just "Die."
Love,
The police (not the band)
This sentence no verb.
Why is it that the police, aka public servants, are elevated to near untouchable status with these discriminatory laws ?
If you work for the government, be it federal, provincial/state or municipal, your actions are liable to be scrutinized by the public. Police should not be an exception. They get too many "magic rights" that allow them to dominate the public they were hired to serve. If cops weren't wrongly treated as superheroes in the law, they might start behaving a little less like spoiled bullies and more like human beings again. And I dare to dream that the career would attract a lower proportion of psychopaths (seriously, look it up if you don't believe me).
-Billco, Fnarg.com
I further find it deeply disturbing that some citizens have been fighting tooth and nail to preserve the right to carry concealed firearms, yet seemingly no one has been fighting to preserve the right of citizens to protect themselves by carrying concealed recording devices. That SHOULD be a right. Instead we've had these so-called wiretapping laws in place for decades that prohibit it.
Which would you rather have: a concealed weapon to shoot the bad cop, only to face accusations you can't refute in the aftermath, or a concealed recording device to catch the bastard red-handed in the act? You might need both, but we only have laws that protect ONE (in some places) and not the other .
If the common man that that healthy a level of disrespect for tyranny, the cameras never would have made it up in the first place.
More likely he'd be the one to call the authorities on you.
MSIE: The world's most standards-complaint web browser.
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. .. I mean, let's face it, a dude with a gun and a camcorder standing on the street corner downtown -does- look a little out of place .. and when questioned they always retort with overly dramatic recitals from the bill of rights or the NH state constitution.
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
This has the fingerprints of that same group written all over it, they go out of their way to get into confrontations with the police (they brag about traffic stops), push the absolute limit of legal antagonism, then cry victim if the cop gets frustrated and brings them in on some usually-BS charge of disturbing the peace or whatever.
In short, while the details may indicate that the charge is bogus, it's important to understand we have a group of people here in NH who -actively try- to get charged with bogus crap by the police just to make a stink out of it.
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)
they have no state income tax.
Try to get at least one simple fact right.
It seems he already did