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In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.
Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.
Of course this disturbing trend will catch on. If there is one thing that is makes me mad it's the prevention of the free flow of information. While I don't subscribe to the authors agendas or ideologies I do agree that this is something that must be stopped. In fact, the more cops are filmed the better.
I am not sure how I feel about this. On one hand I believe they should be filmed. On the other only part of the event gets filmed so we do not know the whle story.
This is actually an old wiretapping law when taping telephone conversations were more common than videotaping incidents. The same laws apply.
It boils down to which type of party your state is, one or two party consent states.
One party consent states can be used to videotape while remaining legal. Two party consent states cannot.
Single-party and two-party (technically: all-party) consent applies only to the audio portion of the recording. If no audio is being recorded, no consent is needed. This is why security cameras and closed-circuit cameras can be deployed many places (except for locker rooms, etc.) and not be against the law.
In many (not all) cases, a recording must have all party consent to be evidenciary in a court of law. Single-party consent tapes have been dismissed as hearsay in the past and not admitted in to evidence. Or, the videographer can simply disable the audio portion before he/she begins filming.
"Consent" does not mean all parties have to agree to the recording, it just means that they have to be advised that a recording is taking place. An elucidated shout of "You're all being recorded" might very well serve as consent.
Single-party and two-party (technically: all-party) consent applies only to the audio portion of the recording. If no audio is being recorded, no consent is needed. This is why security cameras and closed-circuit cameras can be deployed many places (except for locker rooms, etc.) and not be against the law.
In many (not all) cases, a recording must have all party consent to be evidenciary in a court of law. Single-party consent tapes have been dismissed as hearsay in the past and not admitted in to evidence. Or, the videographer can simply disable the audio portion before he/she begins filming.
"Consent" does not mean all parties have to agree to the recording, it just means that they have to be advised that a recording is taking place. An elucidated shout of "You're all being recorded" might very well serve as consent.
Ah-ha. I see. Excellent. You have cleared up a thing or two regarding CCTV for me.
Thanks for educating me - I've learned something great here.
People have cameras on them 24/7. Illegal or not, tapes will be made public and TSWHTF and public opinion will destroy any police department caught abusing their power. Most departments want cameras so they can use them in their own defense.
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Don't throw that word around like it's nothing.
