Plaintiffs Wanted for Right-to-Record-Police-Officers Case

Eugene Volokh, of The Volokh Conspiracy got this request from Michael Rosman at the Center for Individual Rights writes:

Like many of your readers, I was intrigued by your recent post concerning the conviction of individuals for taping or videotaping police officers while the officers are doing their job in public. Some of your readers thought that there may be some federal constitutional problem in laws that make such tapings illegal. My employer, the Center for Individual Rights, is interested in possibly representing individuals who want to challenge such laws as a violation of constitutional rights.

Ideally, a potential client would be a person or organization that legitimately is concerned about being arrested for taping police officers, or who would engage in that conduct were it not for a law making it illegal. Obviously, it would have to be in a state where the law makes that concern reasonable. (Your post referred to Massachusetts. We believe that Pennsylvania may be another such state, although the law there is more in flux.) Someone who has already gotten in trouble for violating such a law is fine, but we would not be the best lawyers to represent someone currently involved in an ongoing criminal or civil proceeding in state court.

If any of your readers are among those who would like to challenge a law of this kind, or can help us identify the states where such laws exist by giving us cites to relevant statutes or cases, (s)he can email me at rosman [at] cir-usa.org.


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Basically, if the cops stop y

Basically, if the cops stop you, you can pretty much assume they are trying to bust you for something, so you should have every right to record them for these reasons:
1. You have a right to present evidence in your own defense(it can be assumed they are trying to put a court case on you)
2. cops routinely record these encounters, so you should be able to, also, as a matter of equal protection and due process
3. they are in public, and performing a public duty, and little they do or say in that context, aside from special circumstances(going to the bathroom, talking on the phone) has a compelling privacy interest

Bingo!

I think point 2 is spot on. Actually, all three points are great arguments. I can imagine the law enforcement counter argument to be about giving away their "trade secrets" to "the enemy." Seems pretty weak against your argument, but I guess we'll see...

Creative Process

My view is that when I videotape something and present the video to others, I'm expressing myself. I'm invoking my right to freedom of expression.

i think there is nothing wron

i think there is nothing wrong with taping the stop if both party's are aware of the recording. he had a hiden recording device. he was plaing spy games with the police and cleered the police officer of any wrong doing with his tape and convictid himself of wiretaping (i think thats what they called it. police tapes everyone is aware that they do it even the police officer i think people are trying to argue the wrong law. i dont think its iligal to tape police if its not hidden like your 007

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Give Me a Break!

definite constitutional issues, I live in NC, and I deal with this all the time, they pull me with out probable cause, the search with out a warrant or consent, they arrest you if you verbally disagree with them, or if you invoke your constitutional rights, its getting bad, sounds like whats going on in russia, right now, the problem is as you say, the people are un-informed, they dont know their own rights, you might think this great country, would teach that in the schools, but no they would rather teach their own agenda,

The Right To Record

If an officer is doing his/her job legally, then that officer shouldn't have a problem with being taped.

As long as the person that's recording the incident, isn't impeding the officer's actions or risking lives.

Cops that try to hide illegal tactics are a disgrace. And I say: TAPE AWAY and send ME a copy!

Applicable law in Delaware

The most recent version of the Delaware Code is always available online. Here is the relevant reference: http://delcode.delaware.gov/title11/c024/sc01/index.shtml

Here is a copy of the most pertinent sections:

§ 2402. Interception of communications generally; divulging contents of communications, violations of chapter.

(c) Lawful acts. -- It is lawful:

(4) For a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitutions or laws of the United States, this State or any other state or any political subdivision of the United States or this or any other state.

----------------
As I read this, what comes to mind is that if one is having a conversation with anyone else, that it is legal for one to make any kind of recording that one wants, unless one was going to commit some other criminal act, or act intentionally to cause harm or damage to someone, such as through defamation or harassment.

My Friend once told the cop w

My Friend once told the cop who pulled him over that he was set his phone to record and then put it on his dashboard the cop was shocked and you could see he was pissed but just said slow down and got back and his car and drove away Priceless

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Someone said that it's ok to

Someone said that it's ok to record as long as both parties are aware of this. However this is mistaken, and it only applies to telephone conversation.

You don't need a permit or any other kind of agreement before you can use a video camera. If something is in public view, you are free to record it.

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Denver COPS SUCK!

Due to the upcoming D.N.C. (Democratic National Convention) the COPS in the Denver Metro area are being real Asses!
I friend of mine had there house raided for having some bands over to play & the cops were called for a noise complaint (but they live in an industrial zoned area)...
The Cops rushed the house (with guns drawn) arrested three people for interference & one for assault on a cop for accidentally scratching him when he grabbed her camera she was video taping the incident with. (& they haven't got the camera back yet)
Then the Cops illegally entered the house the next day the Code enforcement officer came to get permission to investigate unsafe living conditions....
I told them to sue the Cops for Defamation of Character but they don't have allot of money to fight them & since two are girls they are intimidated.
What can they do?

On top of that they are getting hard on the homeless population. What do poor people do when the Cops are harassing them? Who will fight for the poor?

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Officers do not want to be sued.

If we act knowledgeable and courteous, the officers are going to think twice before going any further. With the exception of some officers, most do not want the aggravation of a possible civil suit or complaint on their record.

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