If thats the story I think it is, in that state you can't record the police. Its not a 2 party thing, its the law.
Illegal to tape/record a police officer?
- Thread starter LS2GTO
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If thats the story I think it is, in that state you can't record the police. Its not a 2 party thing, its the law.
New York is a one party notification state, but the statute only applies to "wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication".
In New York photographing and video recording in a public place is permissible. New York does have an unlawful surveillance statute but it only applies to a place and time when a person has a reasonable expectation of privacy which is defined as "a place and time when a reasonable person would believe that he or she could fully disrobe in privacy."
So, in answer to the OP, in New York you can record a traffic stop without the LEO's permission or knowledge.
In New York photographing and video recording in a public place is permissible. New York does have an unlawful surveillance statute but it only applies to a place and time when a person has a reasonable expectation of privacy which is defined as "a place and time when a reasonable person would believe that he or she could fully disrobe in privacy."
So, in answer to the OP, in New York you can record a traffic stop without the LEO's permission or knowledge.
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Not in MD.
OP if you're talking about that guy on a bike on youtube recording msp, yes they can technically charge him with tape recording the stop, however its being asinine IMO. He wasn't setting out to record the stop, it just kinda happened. But whatever, yes its illegal in MD without getting both parties consent
Wow! That is some scary stuff for just filming!!
It wasn't the filming that got him in trouble. That occurred when he decided to be cute and post it to Youtube...
So is it consent or notification, because as sfadchi said those are two different things. In those states, can you just notify the officer he is being taped and that counts as a 2 party notification, or do you HAVE to get consent/permission to do so from the other party?
Ok so I guess that bringing the video to the public that way was a moron thing to do, but what if he was bringing that video up as evidence in court for something? That is not being 'cute' and putting it up on Youtube, but bringing it into a court of law as evidence. So then that would be ok right? Even tho this happened in a state that requires both parties to know.
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But at the same time, why shouldn't he beable to show the tape or post it on youtube?? If this is the way the law was intended, I would think anytime a news or media agency reports on a traffic accident, crime, etc, where the do filming they would have to walk up to each and every officer and gain their consent to broadcast the images/voices they recorded or they would also be in violation of the law. I think we would all agree that would be obsurd. Hence, the slipperly slope that this D.A. is standing on, and working his way to the edge where he will slide down.
This D.A. is either a moron or a genious. On one hand he could be well on his way to making bad case law for everyone in the state, or he could be using this case as a way to challenge the existing statutory law and get it clarified or tossed for the better good.
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In addition to this statement if the l.e.o says no he doesnt want to be recorded, can you then say that you don't want him to record you, since you don't concent to him recording you will he have to turn his cam off.
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To all of the confused, it is not consent that is necessary, it is knowledge. In two party states the other party must have knowledge of the taping.
True, but we all know how screwed up NY Law is
Plus that statute relates specifically to telephone conversations. We aren't discussing telephone conversations.
True, but we all know how screwed up NY Law is
I play the cards I am delt, besides there is still California and the Napoleonic Code out of Louisiana.
I know but our surveillance statute states "without ...knowlege or consent.":shrug:
Hmmm, maybe you are right about NY Law:lol:
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I agree about Cali and Louisiana too. I prefer a State that has its Rules of Evidence Codified.
A police officer in the performance of his/her official duties has no reasonable expectation of privacy.
Court case about videotaping police is described in this link
http://www.homelandstupidity.us/2005/08/26/federal-court-videotaping-police-is-ok/
Court case about videotaping police is described in this link
http://www.homelandstupidity.us/2005/08/26/federal-court-videotaping-police-is-ok/
This doesn't even make sense. How does only one party consent?..either the officer agrees to be recorded (both parties consent) or you're allowed the record without his consent. Those seem to be the only 2 scenarios.
:shrug:
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Read up on involved statutes for different states and you will see it does make sense. I don't make this stuff up to pass the time.
One Party Consent = Either party consents
Two party consent = Both parties consents
No Consent = Neither party consents to my recording them and I am not a party to the conversation
Michigan must be a two-party state. I tape recorded a conversation inside my house, and when I played it for my lawyer, he nearly went through the roof, even though the recording showed the other party was proposing an illegal act (which I refused).
the police were trying to get him for illegal wiretapping, which by definition is not what he was doing. He was publically recording.
And all Americans should be able to freely show things like this when an wrong his done.
first, the guy was wrong for speeding and was probably recording it much like guys with cobras do "in Mexico."
second, the cop was WAAAAAAY out of line pulling the gun. the motorcycle was not evading an officer or anything and was unarmed. The cop needs to lose his badge and in fact he could, but it won't happen when the judge, the cops, the chief, the prosecutors, etc. are all scratching each others backs.
There is nothing wrong with the video. And the cops don't have a case. They are using scare tactics. If they had the case, they would have arrested the guy since they went through all the trouble of going to his house to threaten him.
Cops can make recordings of us without our consent. Only right that we can too. Too many abuses of power nowadays to have it any other way.
And all Americans should be able to freely show things like this when an wrong his done.
first, the guy was wrong for speeding and was probably recording it much like guys with cobras do "in Mexico."
second, the cop was WAAAAAAY out of line pulling the gun. the motorcycle was not evading an officer or anything and was unarmed. The cop needs to lose his badge and in fact he could, but it won't happen when the judge, the cops, the chief, the prosecutors, etc. are all scratching each others backs.
There is nothing wrong with the video. And the cops don't have a case. They are using scare tactics. If they had the case, they would have arrested the guy since they went through all the trouble of going to his house to threaten him.
Cops can make recordings of us without our consent. Only right that we can too. Too many abuses of power nowadays to have it any other way.
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