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Recording a cop during a traffic stop...go to jail. Welcome to the Peoples Republic of Massachusetts (jalopnik.com) |  |
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19587 clicks; posted to Main » on 16 Aug 2008 at 2:07 PM |
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19587 clicks; posted to Main » on 16 Aug 2008 at 2:07 PM |
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OldScotch
![[TotalFark]](http://img.fark.net/images/2003/totalfark.gif "[TotalFark]"){kind=small} |
2008-08-16 10:11:17 AM |
Secretly recording a cop during a traffic stop...
If you don't want to go to jail, don't break the law.
Link (new window)
If you don't want to go to jail, don't break the law.
Link (new window)
| King Something
|
2008-08-16 10:24:36 AM |
The stupid part of this whole thing is that the guy just had to inform the officer he was recording the stop and everything would have been totally legal.
And then the cop would have searched him and/or his vehicle andplanted found some pot; the quantity would likely have been exactly one gram over the line between misdemeanor posession and felony posession.
And then the cop would have searched him and/or his vehicle and
| Blues_X
|
2008-08-16 10:35:50 AM |
His cunning plan... etc... etc...
| SpeshilEdjukashin
|
2008-08-16 10:39:23 AM |
Because, you know... a cop who is about to violate your rights would just say "Oh, ok" and leave you alone when you tell him he's being recorded as he walks up to the car. *facepalm*
They better be careful though, they could see thousands of people convicted with the help of police car video cameras have their convictions overturned because the cops didn't warn them they were being recorded when they were first pulled over.
They better be careful though, they could see thousands of people convicted with the help of police car video cameras have their convictions overturned because the cops didn't warn them they were being recorded when they were first pulled over.
| Weaver95
|
2008-08-16 10:40:15 AM |
Pennsylvania has similar laws. cops don't like competition when it comes to freelance wiretapping.
| HowlingFrog
|
2008-08-16 10:46:36 AM |
If the cops aren't doing anything wrong, they've got nothing to worry about. Right?
| Weaver95
|
2008-08-16 10:48:02 AM |
SpeshilEdjukashin: Because, you know... a cop who is about to violate your rights would just say "Oh, ok" and leave you alone when you tell him he's being recorded as he walks up to the car. *facepalm*
They better be careful though, they could see thousands of people convicted with the help of police car video cameras have their convictions overturned because the cops didn't warn them they were being recorded when they were first pulled over.
What's even better is that it's fairly easy to incorporate hidden cameras and upload video to the web in real time. so much for keeping police activities secret. Go ahead and smash that camera - the video is already posted online!
They better be careful though, they could see thousands of people convicted with the help of police car video cameras have their convictions overturned because the cops didn't warn them they were being recorded when they were first pulled over.
What's even better is that it's fairly easy to incorporate hidden cameras and upload video to the web in real time. so much for keeping police activities secret. Go ahead and smash that camera - the video is already posted online!
| LadyHawke
|
2008-08-16 10:48:29 AM |
I thought if you were out in public, you had no right to expectation of privacy. Therefore, you can't complain about being taped.
| Dufus
|
2008-08-16 10:51:33 AM |
Do Massachusetts cops record traffic stops with a "dash-cam" like many other states? From what I read of the statutes (and I am still half asleep) recording a conversation involving "oral communications" must have the consent of BOTH parties.
Laws can be so much fun.
Laws can be so much fun.
| jaylectricity
|
2008-08-16 10:57:01 AM |
Sorry, couldn't find a picture with the Porsche in it so I half-assed it.
Iz zer zomething you'd like me to do to you?
Iz zer zomething you'd like me to do to you?
| boobsrgood
|
2008-08-16 11:03:26 AM |
You have evidence of my incompetence? That pisses me off!
| SpeshilEdjukashin
|
2008-08-16 11:04:13 AM |
LadyHawke: I thought if you were out in public, you had no right to expectation of privacy. Therefore, you can't complain about being taped.
A lot of states still have laws against recording audio that were made back when people still used reel-to-reel tape recorders. Back then, being recorded without knowing it was considered a scary thing. Audio tape recorders were things used by the CIA and FBI, and people felt they had no place in society.
These days with things like cell phones that record video and audio the norm, people fully expect to be recorded when they are out in public, and the laws really need to be updated.
A lot of states still have laws against recording audio that were made back when people still used reel-to-reel tape recorders. Back then, being recorded without knowing it was considered a scary thing. Audio tape recorders were things used by the CIA and FBI, and people felt they had no place in society.
These days with things like cell phones that record video and audio the norm, people fully expect to be recorded when they are out in public, and the laws really need to be updated.
| jaylectricity
|
2008-08-16 11:07:30 AM |
Hot-linking gone awry!
Oh well, I'm kind of disturbed about this secret taping thing. What was the legitimate argument to even have this law on the books? Wouldn't lawmakers want the courts to have the most possible evidence on a case?
Oh well, I'm kind of disturbed about this secret taping thing. What was the legitimate argument to even have this law on the books? Wouldn't lawmakers want the courts to have the most possible evidence on a case?
| I_Hate_Iowa | 2008-08-16 11:09:53 AM |
Why the hell is secretly recording someone illegal anyway?
| benlonghair
|
2008-08-16 11:12:42 AM |
OldScotch: Secretly recording a cop during a traffic stop...
If you don't want to go to jail, don't break the law.
Link (new window)
Doesn't mean that law is a good law. I have said it before, and I'll say it again, Illegal does not always mean wrong. And wrong doesn't always mean illegal. The officer in the linked case was in public. His expectation of privacy was nil.
Who is watching the watchers? There are too many stories about wrong door swat team drug raids where pets, people and property are killed or destroyed. The police do not need to be covering their asses any more than they already do.
If you don't want to go to jail, don't break the law.
Link (new window)
Doesn't mean that law is a good law. I have said it before, and I'll say it again, Illegal does not always mean wrong. And wrong doesn't always mean illegal. The officer in the linked case was in public. His expectation of privacy was nil.
Who is watching the watchers? There are too many stories about wrong door swat team drug raids where pets, people and property are killed or destroyed. The police do not need to be covering their asses any more than they already do.
| jaylectricity
|
2008-08-16 11:16:12 AM |
benlonghair: Who is watching the watchers? There are too many stories about wrong door swat team drug raids where pets, people and property are killed or destroyed. The police do not need to be covering their asses any more than they already do.
Shut up longhair!
Haha, I couldn't resist. I'm kidding of course.
Shut up longhair!
Haha, I couldn't resist. I'm kidding of course.
| SpeshilEdjukashin
|
2008-08-16 11:17:33 AM |
| Mugato
|
2008-08-16 11:24:06 AM |
Two kinds of cops, people. Dirty cops and cops who cover for dirty cops. Just because cops in the US are slightly less corrupt than those in other nations doesn't mean that we in the US don't live in servitude of cops who can do whatever the fark they want.
/greatfull my state wasn't burned down by the cop that gunned down a 17 year old kid for he hell of it
/greatfull my state wasn't burned down by the cop that gunned down a 17 year old kid for he hell of it
| jaylectricity
|
2008-08-16 11:29:46 AM |
SpeshilEdjukashin: jaylectricity: Sorry, couldn't find a picture with the Porsche in it
Kinky.
Haha, thank you.
Kinky.
Haha, thank you.
| OldScotch
|
2008-08-16 11:44:24 AM |
benlonghair:
Doesn't mean that law is a good law. I have said it before, and I'll say it again, Illegal does not always mean wrong. And wrong doesn't always mean illegal. The officer in the linked case was in public. His expectation of privacy was nil.
Who is watching the watchers? There are too many stories about wrong door swat team drug raids where pets, people and property are killed or destroyed. The police do not need to be covering their asses any more than they already do.
Unfortunately, the defendant's opinion of the correctness of the law has no bearing on the prosecution.
There are things (new window) that can be done though, but the cynic in me doesn't see much hope. And even in the case linked, the guy still had to pay the fine.
Doesn't mean that law is a good law. I have said it before, and I'll say it again, Illegal does not always mean wrong. And wrong doesn't always mean illegal. The officer in the linked case was in public. His expectation of privacy was nil.
Who is watching the watchers? There are too many stories about wrong door swat team drug raids where pets, people and property are killed or destroyed. The police do not need to be covering their asses any more than they already do.
Unfortunately, the defendant's opinion of the correctness of the law has no bearing on the prosecution.
There are things (new window) that can be done though, but the cynic in me doesn't see much hope. And even in the case linked, the guy still had to pay the fine.
| filth
|
2008-08-16 12:06:54 PM |
OldScotch: Secretly recording a cop during a traffic stop...
If you don't want to go to jail, don't break the law.
Link (new window)
OBEY! DON'T QUESTION!
Most states allow surreptitious recording if one participant is aware of the recording. I think that's the right rule. In fact, I bet if I were smarter, I could think of a reason why surreptitious recording, particularly of public officials speaking in public, is Constitutionally protected.
If you don't want to go to jail, don't break the law.
Link (new window)
OBEY! DON'T QUESTION!
Most states allow surreptitious recording if one participant is aware of the recording. I think that's the right rule. In fact, I bet if I were smarter, I could think of a reason why surreptitious recording, particularly of public officials speaking in public, is Constitutionally protected.
| ZAZ
|
2008-08-16 12:20:46 PM |
This news is older than Fark. Government employee unions own state government. The bill to overturn the court decision any allow recording of police officers went nowhere.
That advice to announce that you are recording is not good either.
The scene, as told to me by a driver, went something like this:
Driver: My wife is recording this.
Officer: That's a felony. Give me that recorder.
And he leaned into the car to forcibly take it from her, then proceeded with the traffic stop.
That advice to announce that you are recording is not good either.
The scene, as told to me by a driver, went something like this:
Driver: My wife is recording this.
Officer: That's a felony. Give me that recorder.
And he leaned into the car to forcibly take it from her, then proceeded with the traffic stop.
| Ryan2065 | 2008-08-16 12:34:15 PM |
Mugato: Two kinds of cops, people. Dirty cops and cops who cover for dirty cops.
It is sad there are people stupid enough to believe this.
It is sad there are people stupid enough to believe this.
| SilentStrider
|
2008-08-16 12:39:27 PM |
I wish more people would record the police.
The good ones wouldn't be affected too much, and the bad ones would either have to keep in line, or get their ass handed to them in court.
The good ones wouldn't be affected too much, and the bad ones would either have to keep in line, or get their ass handed to them in court.
| Laz Long
|
2008-08-16 01:07:14 PM |
So if I happen to be calling into my voice mail to leave myself a message as I'm being pulled over and forget to hang up, is that illegal?
| Weaver95
|
2008-08-16 01:08:49 PM |
LadyHawke: I thought if you were out in public, you had no right to expectation of privacy. Therefore, you can't complain about being taped.
That's the excuse the government uses when they want to monitor us good little citizens. If we want to monitor the government, then it's basically illegal. I think it has something to do with 9/11, but i'm not sure.
That's the excuse the government uses when they want to monitor us good little citizens. If we want to monitor the government, then it's basically illegal. I think it has something to do with 9/11, but i'm not sure.
| Weaver95
|
2008-08-16 01:13:10 PM |
Laz Long: So if I happen to be calling into my voice mail to leave myself a message as I'm being pulled over and forget to hang up, is that illegal?
The more laws we have, the easier it is to control the population. Bonus points for heavy fines/jail time if they're obscure and poorly worded!
The more laws we have, the easier it is to control the population. Bonus points for heavy fines/jail time if they're obscure and poorly worded!
| TheCharmerUnderMe
|
2008-08-16 01:26:27 PM |
On October 26, 1998, Michael Hyde was pulled over by Abington, Massachusetts police for an excessively loud exhaust system and unlit license plate on his white Porsche.
Two of the dumbest reasons to pull someone over. A cop can find any excuse to pull you over at any time. We've turned into a country where the populace are constant criminals and the police can decide who to pull over at their own discretion. Like hair length. Or skin color.
Two of the dumbest reasons to pull someone over. A cop can find any excuse to pull you over at any time. We've turned into a country where the populace are constant criminals and the police can decide who to pull over at their own discretion. Like hair length. Or skin color.
| Weaver95
|
2008-08-16 01:31:49 PM |
TheCharmerUnderMe: Two of the dumbest reasons to pull someone over. A cop can find any excuse to pull you over at any time. We've turned into a country where the populace are constant criminals and the police can decide who to pull over at their own discretion. Like hair length. Or skin color.
Not to mention all the people we're gonna throw into jail at the party conventions. Wanna guess how many of those names end up on the terrorist watch list(s)?
Not to mention all the people we're gonna throw into jail at the party conventions. Wanna guess how many of those names end up on the terrorist watch list(s)?
| Tr0mBoNe
|
2008-08-16 01:41:29 PM |
You Yanks need another Revolution.
| Laz Long
|
2008-08-16 01:46:56 PM |
Weaver95: Not to mention all the people we're gonna throw into jail at the party conventions.
Strangely enough, I was thinking along the same lines. You read a lot of BS about it being illegal to record police. I did some quick research on Colorado state laws regarding wire tapping and recording. It seems that it is only illegal in the context of intercepting communications which you are not party to, but surreptitious recording is legal providing that one party of the communication allows it.
/Not a lawyer, don't play one on TV and haven't stayed at a holiday Inn.
Strangely enough, I was thinking along the same lines. You read a lot of BS about it being illegal to record police. I did some quick research on Colorado state laws regarding wire tapping and recording. It seems that it is only illegal in the context of intercepting communications which you are not party to, but surreptitious recording is legal providing that one party of the communication allows it.
/Not a lawyer, don't play one on TV and haven't stayed at a holiday Inn.
| Weaver95
|
2008-08-16 01:49:37 PM |
Tr0mBoNe: You Yanks need another Revolution.
without a major economic disruption, the electorate isn't going to do anything about the excesses of our law enforcement folks. If we keep bankrupting people tho, you'll see some 'change you can believe in' alright.
without a major economic disruption, the electorate isn't going to do anything about the excesses of our law enforcement folks. If we keep bankrupting people tho, you'll see some 'change you can believe in' alright.
| J. Frank Parnell | 2008-08-16 02:10:06 PM |
He should count his blessings he wasn't tased to death. The officer was being kind.
| Phil Herup | 2008-08-16 02:11:18 PM |
Weaver95: The more laws we have, the easier it is to control the population.
It is all about control.
Sad part is the folk who make the laws are people too, they just think they are better than you or I.
/they're not
It is all about control.
Sad part is the folk who make the laws are people too, they just think they are better than you or I.
/they're not
| ZAZ
|
2008-08-16 02:11:53 PM |
He should count his blessings he wasn't tased to death. The officer was being kind.
Massachusetts police weren't allowed to use tasers at the time. They had to give a beatdown the old fashioned way.
Massachusetts police weren't allowed to use tasers at the time. They had to give a beatdown the old fashioned way.
| Weaver95
|
2008-08-16 02:13:36 PM |
Phil Herup: Weaver95: The more laws we have, the easier it is to control the population.
It is all about control.
Sad part is the folk who make the laws are people too, they just think they are better than you or I.
/they're not
well...to be fair, I think traffic stops are all about MONEY and not about control. safety is just the lie they tell us to make everyone feel guilty for pointing out the corruption of the traffic court system into a random road tax.
It is all about control.
Sad part is the folk who make the laws are people too, they just think they are better than you or I.
/they're not
well...to be fair, I think traffic stops are all about MONEY and not about control. safety is just the lie they tell us to make everyone feel guilty for pointing out the corruption of the traffic court system into a random road tax.
| Occam's Chainsaw
|
2008-08-16 02:13:49 PM |
Ryan2065: Mugato: Two kinds of cops, people. Dirty cops and cops who cover for dirty cops.
It is sad there are people stupid enough to believe this.
It's sad that you're ignorant enough to believe that this assertion was somehow stupid.
It is sad there are people stupid enough to believe this.
It's sad that you're ignorant enough to believe that this assertion was somehow stupid.
| Josu | 2008-08-16 02:15:20 PM |
| TheHappyCanadian | 2008-08-16 02:16:39 PM |
| skinink | 2008-08-16 02:16:47 PM |
"Now, we're always wary of abusive police power combined with divisive state laws, but this case seems like the driver was just an ass looking to get one over on the cops. Karma, it seems, is indeed a biatch."
Get one over on the cops? I have to go with the crowd that says nobody has an expectation of privacy in public, and that the law (which is supposed to be made by the people for the people, right?) is not a good one. As some people like to say if we're not doing anything wrong we don't have to fear the law, then if the cops are not doing anything wrong, they don't have to fear being recorded.
| Combustion | 2008-08-16 02:18:40 PM |
Ryan2065: Mugato: Two kinds of cops, people. Dirty cops and cops who cover for dirty cops.
It is sad there are people stupid enough to believe this.
It is sad that there are people who don't believe this.
It is sad there are people stupid enough to believe this.
It is sad that there are people who don't believe this.
| madden101 | 2008-08-16 02:18:40 PM |
Last year, a kid in St. Louis was stopped for loitering in a commuter lot by I-55. He had a camera mounted next to his headrest he claims he uses after having been harassed by cops previously. He switched it on before getting removed from his car, and got the cop (one of only a small handful in a tiny municipality with a reputation as a speed-trap) fired for his unprofessional conduct towards the kid.
| J. Frank Parnell | 2008-08-16 02:21:37 PM |
skinink: As some people like to say if we're not doing anything wrong we don't have to fear the law, then if the cops are not doing anything wrong, they don't have to fear being recorded.
I agree to a point, but police have a great deal of power they could abuse and their word is taken as gospel in trials.
I agree to a point, but police have a great deal of power they could abuse and their word is taken as gospel in trials.
| limboslam | 2008-08-16 02:21:46 PM |
Mugato: Two kinds of cops, people. Dirty cops and cops who cover for dirty cops.
You forgot about the third type of cop. The cops like the one that pulled my son out of a burning car (off duty) and suffered burns himself. Don't mistake writing chickenshiat tickets for being a "dirty" cop.
You forgot about the third type of cop. The cops like the one that pulled my son out of a burning car (off duty) and suffered burns himself. Don't mistake writing chickenshiat tickets for being a "dirty" cop.
| Goimir
|
2008-08-16 02:23:18 PM |
But there's no expectation of privacy on the highways of the state! That's why it's OK for the cop to stop you and peer into your car in the first place, and why it's OK for him to ask you to step out and frisk you!
If there was an expectation of privacy, then the cops would be more limited as to what they could do. It's reasonable today that someone might be recording something in a public place.
/this teaches you that you should just goto the papers.
If there was an expectation of privacy, then the cops would be more limited as to what they could do. It's reasonable today that someone might be recording something in a public place.
/this teaches you that you should just goto the papers.
| Teddypig | 2008-08-16 02:23:18 PM |
Bad Cop, Bad Cop
What you gonna do?
What you gonna do while I record you.
What you gonna do?
What you gonna do while I record you.
| Weaver95
|
2008-08-16 02:25:52 PM |
Samsaran: /thank God we have an actual Bill of Rights.
damn shame we don't actually enforce it anymore.
damn shame we don't actually enforce it anymore.
| BrianTerrel | 2008-08-16 02:26:11 PM |
For the folks in California:
Fortunately, California law is limited to situations that involve "confidential communication[s]," and excludes communications "made in a public gathering . . . or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded"; that law may still pose problems, but it's not as bad as the Massachusetts law.
From The Volokh Conspiracy
If there had been mini recorders and cellphone cameras in the 18th century, our right to record cops would be in the first amendment.
Fortunately, California law is limited to situations that involve "confidential communication[s]," and excludes communications "made in a public gathering . . . or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded"; that law may still pose problems, but it's not as bad as the Massachusetts law.
From The Volokh Conspiracy
If there had been mini recorders and cellphone cameras in the 18th century, our right to record cops would be in the first amendment.
| Jyckle | 2008-08-16 02:26:18 PM |
| methaz | 2008-08-16 02:27:36 PM |
What morons were on the jury that convicted him in the first place? That's where most of the problem is. If the political types pass stupid laws, juries are supposed to be a check and toss cases. Here's how it should have gone down:
DA: Please convict this dude for taping a cop during a traffic stop. Here's a law that can be stretched to maybe sort of imply it was illegal.
Jury: Bwaahaahaa. You're just trying to cover for the cop. GTFO.
DA: Please convict this dude for taping a cop during a traffic stop. Here's a law that can be stretched to maybe sort of imply it was illegal.
Jury: Bwaahaahaa. You're just trying to cover for the cop. GTFO.
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