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Old 12-02-2011, 01:41 PM
 
4,019 posts, read 3,952,731 times
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Has to be seen to be believed.



75 Years in Prison For Videotaping Police - YouTube


What are the troops fighting for and dying for again?
Please don't tell me it is for our freedoms.
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Old 12-02-2011, 01:47 PM
 
3,498 posts, read 2,218,190 times
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Originally Posted by cisco kid View Post
Has to be seen to be believed.




What are the troops fighting for and dying for again?
Please don't tell me it is for our freedoms.
I don't know the details about this case, but I do know that recording private conversations without all parties consent is illegal in many states. This applies to anyone, not just the police. The conservative activist who did stings on ACORN violated these same laws. The law states that if there is reasonable expectation of privacy, it is illegal. I don't see how most police activity would fall under this domain.
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Old 12-02-2011, 02:11 PM
 
4,019 posts, read 3,952,731 times
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Originally Posted by Skinny Puppy View Post
I don't know the details about this case, but I do know that recording private conversations without all parties consent is illegal in many states. This applies to anyone, not just the police. The conservative activist who did stings on ACORN violated these same laws. The law states that if there is reasonable expectation of privacy, it is illegal. I don't see how most police activity would fall under this domain.

The police are public servants. They are not protected by privacy laws, especially when conducting their duties in the public.

And 75 years for recording someone is absurd, whether its legal or not.
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Old 12-02-2011, 02:13 PM
 
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Originally Posted by cisco kid View Post
The police are public servants. They are not protected by privacy laws.
Does that mean I can wiretap a teachers phone conversations? What about doctors who work at a public hospital? Bus drivers, city clerks?
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Old 12-02-2011, 02:14 PM
 
12,436 posts, read 11,948,683 times
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Quote:
Originally Posted by Skinny Puppy View Post
I don't know the details about this case, but I do know that recording private conversations without all parties consent is illegal in many states. This applies to anyone, not just the police. The conservative activist who did stings on ACORN violated these same laws. The law states that if there is reasonable expectation of privacy, it is illegal. I don't see how most police activity would fall under this domain.
It is a little more complicated. You have a right to privacy that is a fundamental right under the constitution so SCOTUS says. The state and federal govt. may not make laws that abridge that right (all types of exceptions though). The states also have the right to privacy in their state constitution and their state laws.

The issue in this case and others is going to be whether the local govt. has the ability to make it unlawful to film the police in a public area without violating the individual taking the photos rights. If the person is on his own property taking the pictures and the law covers that, then I am going to have to believe that SCOTUS will over turn the law based on a person's privacy interests on his own property.

This is a very complicated issue and I don't think I have done a good job of explaining it. There are huge volumes written on this kind of law. The thing is in layman's terms it just does not pass the smell test.
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Old 12-02-2011, 02:15 PM
 
69,368 posts, read 64,108,083 times
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Originally Posted by Skinny Puppy View Post
I don't know the details about this case, but I do know that recording private conversations without all parties consent is illegal in many states. This applies to anyone, not just the police. The conservative activist who did stings on ACORN violated these same laws. The law states that if there is reasonable expectation of privacy, it is illegal. I don't see how most police activity would fall under this domain.
Its not illegal if you are in the public, its only illegal when you have an expectation of privacy, which doesnt exist outdoors.

If police can video record you, then why cant someone video record them back?
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Old 12-02-2011, 02:18 PM
 
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Originally Posted by Skinny Puppy View Post
Does that mean I can wiretap a teachers phone conversations? What about doctors who work at a public hospital? Bus drivers, city clerks?
In many states it is lawful to record without the other party's consent. In Texas for example you can legally record a phone conversation without asking permission. But in Illinois apparently you can't.

And what about journalists? You think they should be thrown in jail for videotaping a crime scene?
No more freedom of the press?
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Old 12-02-2011, 02:20 PM
 
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Originally Posted by pghquest View Post
Its not illegal if you are in the public, its only illegal when you have an expectation of privacy, which doesnt exist outdoors.

If police can video record you, then why cant someone video record them back?
The ACORN footage was not obtained outdoors. The law cited isn't about video footage but audio. Some states allow you to record as long as you notify the party. Perhaps this is why the cops can get away with it, and then you have the patriot act which bascially allows the government to violate your privacy at will.

Quote:
Originally Posted by cisco kid View Post
And what about journalists? You think they should be thrown in jail for videotaping a crime scene?
No more freedom of the press?
The law in question is about audio/conversations. Contrary to the headline, he wasn't charged with illegally videotaping, but with audio taping.
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Old 12-02-2011, 02:43 PM
 
Location: somewhere in the woods
16,880 posts, read 15,198,564 times
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Originally Posted by Skinny Puppy View Post
The ACORN footage was not obtained outdoors. The law cited isn't about video footage but audio. Some states allow you to record as long as you notify the party. Perhaps this is why the cops can get away with it, and then you have the patriot act which bascially allows the government to violate your privacy at will.


The law in question is about audio/conversations. Contrary to the headline, he wasn't charged with illegally videotaping, but with audio taping.

doesnt matter, 1st Amendment protections. I hope this is overturned and the cops are fired including the DA prosecuting the case.
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Old 12-02-2011, 02:43 PM
 
4,019 posts, read 3,952,731 times
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Originally Posted by Skinny Puppy View Post


The law in question is about audio/conversations. Contrary to the headline, he wasn't charged with illegally videotaping, but with audio taping.

Why do these laws exist? To cover up potential wrongdoing by police and other authorities?
What are the cops in Illinois trying to hide from us?

I don't think public officials doing their jobs on taxpayer time and on taxpayer money have any reasonable expectation of privacy. They have a reasonable expectation of privacy when they are off-duty, on their own time when they go home at night and become private citizens but not in the course of their official duties as public servants.
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