Video Taping Police a Felony?

[Zipp0 1]

Video recording leads to felony charge-

Brian D. Kelly didn't think he was doing anything illegal when he used his videocamera to record a Carlisle police officer during a traffic stop. Making movies is one of his hobbies, he said, and the stop was just another interesting event to film.

Now he's worried about going to prison or being burdened with a criminal record.


Kelly, 18, of Carlisle, was arrested on a felony wiretapping charge, with a penalty of up to 7 years in state prison.

His camera and film were seized by police during the May 24 stop, he said, and he spent 26 hours in Cumberland County Prison until his mother posted her house as security for his $2,500 bail.

Kelly is charged under a state law that bars the intentional interception or recording of anyone's oral conversation without their consent.

The criminal case relates to the sound, not the pictures, that his camera picked up.

"I didn't think I could get in trouble for that," Kelly said. "I screwed up, yeah. I know now that I can't do that. I just don't see how something like this should affect my entire life."

Whether that will happen could be determined during Kelly's preliminary hearing before District Judge Jessica Brewbaker in July.

No one seems intent on punishing him harshly.

"Obviously, ignorance of the law is no defense," District Attorney David Freed said. "But often these cases come down to questions of intent."

According to police, Kelly was riding in a pickup truck that had been stopped for alleged traffic violations.

Police said the officer saw Kelly had a camera in his lap, aimed at him and was concealing it with his hands. They said Kelly was arrested after he obeyed an order to turn the camera off and hand it over.

The wiretap charge was filed after consultation with a deputy district attorney, police said.

Kelly said his friend was cited for speeding and because his truck's bumper was too low. He said he held the camera in plain view and turned it on when the officer yelled at his pal.

After about 20 minutes, the officer cited the driver on the traffic charges and told the men they were being recorded by a camera in his cruiser, Kelly said.

"He said, 'Young man, turn off your ... camera,'¤" Kelly said. "I turned it off and handed it to him. ... Six or seven more cops pulled up, and they arrested me."

Police also took film from his pockets that wasn't related to the traffic stop, he said.

Freed said his office has handled other wiretapping cases, some involving ex-lovers or divorcing couples who are trying to record former partners doing something improper for leverage in court battles, he said.

Such charges have been dismissed or defendants have been allowed to plead to lesser counts or enter a program to avoid criminal records, he said.

The outcome hinges on whether the person had a malicious intent, Freed said.

Carlisle Police Chief Stephen Margeson said allowing Kelly to plead to a lesser charge might be proper.

"I don't think that would cause anyone any heartburn," he said. "I don't believe there was any underlying criminal intent here."

But Margeson said he doesn't regard the filing of the felony charge as unwarranted and said the officer followed procedures.

John Mancke, a Harrisburg defense attorney familiar with the wiretapping law, said the facts, as related by police, indicate Kelly might have violated the law.

"If he had the sound on, he has a problem," Mancke said.

Last year, Mancke defended a North Middleton Twp. man in a street racing case that involved a wiretapping charge. Police claimed the man ordered associates to tape police breaking up an illegal race after officers told him to turn off their cameras.

That wiretapping count was dismissed when the man pleaded guilty to charges of illegal racing, defiant trespass and obstruction of justice. He was sentenced to probation.

An exception to the wiretapping law allows police to film people during traffic stops, Mancke said.

Margeson said his department's cruisers are equipped with cameras, and officers are told to inform people during incidents that they are being recorded.

First Assistant District Attorney Jaime Keating said case law is in flux as to whether police can expect not to be recorded while performing their duties.

"The law isn't solid," Keating said. "But people who do things like this do so at their own peril."

Kelly said he has called the American Civil Liberties Union for help in the case.

His father, Chris, said he's backing his son.

"We're hoping for a just resolution," he said.

http://blog.pennlive.com/patriotnews/2007/06/brian_d_kelly_didnt_think.html

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[willard 0]

If the police can record the traffic stop then what is the problem with someone else doing the same thing? Goose- gander situation.

[Zipp0 1]

It seems like an abuse of power and playing loose with the law on the books to me. I would never thought that taping police was a crime. A few months ago I taped a takedown/bust of a fleeing person right in front of my house. Maybe I should be worried?

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[Remster 24]

Quote

If the police can record the traffic stop then what is the problem with someone else doing the same thing? Goose- gander situation.

Not quite the same. You can record a conversation if one of the parties agrees with it. Police officer are one of the parties when they record their interactions with people they stop. I can only assume this guy didnt get approval from either parties.

Remster

[Amazon 7]

Must be the police trying to stop all the people catching them on tape doing things they should not be doing...

[Butters 0]

Quote

Must be the police trying to stop all the people catching them on tape doing things they should not be doing...

Agreed ... lesson to be learned, ask for permission to record the audio (but record the video regardless).

"That looks dangerous." Leopold Stotch

[warpedskydiver 0]

If it was done outside, in a very public area there has been no crime committed.

This could have been recorded by ANYONE in that area

[DZJ 0]

A prosecution seems to be taking a bit far, seeing as he handed over his camera when instructed. I'd have thought this could be dealt with by a simple verbal warning or caution.

[Andrewwhyte 1]

Quote

Quote

If the police can record the traffic stop then what is the problem with someone else doing the same thing? Goose- gander situation.

Not quite the same. You can record a conversation if one of the parties agrees with it. Police officer are one of the parties when they record their interactions with people they stop. I can only assume this guy didnt get approval from either parties.

Read the story again. He was riding in the vehicle that was pulled over. It is not reasonable that he did not have the consent of the driver. Besides, Once the cop talked to him he was a participant in the conversation.

[Remster 24]

Teaches me right for reading every other word!

Remster

[Krip 2]

Quote

Must be the police trying to stop all the people catching them on tape doing things they should not be doing...

Hi A

Sorry but have to agree with you.

We got a BS phone call from the sheriff deputy in response to a call from a Mcnasty neighbor. The incident was a civil matter and none of the deputy's bussiness

We didn't record the phone coversation just wrote down what the deputy was saying.

The deputy was talking so fast we had to ask the guy to slow down and repeat himself (can't write that fast).

The deputy kept on telling us it was against the law to record the phone call and we kept telling him we weren't recording it we were writeing it down

Turns out it was the "new deputy in town" (wrote down his name) and called the deputy's sgt told him what happened and sugested some additional training.

The sgt agreed that the deputy shouldn't have made the call

[justinb138 0]

The DA would have to be an absolute idiot to actually pursue the felony wiretapping charges.

I'm assuming they'll let him off with lesser charges simply because they know they have no chance of getting a conviction.

[NCclimber 0]

Quote

The DA would have to be an absolute idiot to actually pursue the felony wiretapping charges

Ever heard of Mike Nifong?

[Zipp0 1]

Quote

The DA would have to be an absolute idiot

It seems like this is a prerequisite nowdays.

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[Scoop 0]

What a splendid waste of police and legal resources. Don't know about the leaglities as its very different over your neck of the woods but even if it is technically illegal. How pathetic

[mnealtx 0]

PA seems to require the consent of all parties to record telephone conversations.

Here's a bit that I found on the web:

The general rule in Pennsylvania is that electronic surveillance is illegal. For the purposes of this article, "electronic surveillance" shall include the interception (to include recording) of electronic (digital pagers, computers/e-mail, fax machines), oral (face-to-face conversations where there is an expectation of privacy/non-interruption) and wire (telephone conversations) communications. This general rule, and certain limited exceptions thereto, appear in Pennsylvania's Wiretapping and Electronic Surveillance Control Act, 18 Pa. C.S. § 5701, et seq.

Looks like it could be a gray area, if they're going by the law posted above...

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[dorbie 0]

Quote

What a splendid waste of police and legal resources. Don't know about the leaglities as its very different over your neck of the woods but even if it is technically illegal. How pathetic

Shouldn't you be arresting someone for saying something you disagree with?

[justinb138 0]

Quote

Quote

The DA would have to be an absolute idiot to actually pursue the felony wiretapping charges

Ever heard of Mike Nifong?

I haven't, but I'll google him when I get home.

I just can't see a jury sticking the kid with a felony charge for this.

The DA has to know that taking the case to court would be a major waste of time and tax dollars, especially if the ACLU gets involved.

[Zipp0 1]

On the street there is no expectation of privacy. I know there is lots of case law supporting that, and I'm not even a lawyer.

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[Scoop 0]

Are you joking? I'm busy enough as it is without having to make up pony offences.

[mnealtx 0]

Quote

On the street there is no expectation of privacy. I know there is lots of case law supporting that, and I'm not even a lawyer.

True - I'll be interested to see how this one plays out...

edit to add: I think that if I were the defendant, I'd use that as a defense.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[dorbie 0]

Quote

Are you joking? I'm busy enough as it is without having to make up pony offences.

You're the guy who can't wait to police speech on the internet, now you want to arrest ponys too?!!! Shocking leave the little guys alone, it's not their fault they're short handed.

[Zipp0 1]

Quote

Quote

On the street there is no expectation of privacy. I know there is lots of case law supporting that, and I'm not even a lawyer.

True - I'll be interested to see how this one plays out...

edit to add: I think that if I were the defendant, I'd use that as a defense.

Thank you.
Now just accept my explanation on the tax issue and we'll be square.

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[mnealtx 0]

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[akarunway 1]

Quote

If it was done outside, in a very public area there has been no crime committed.

This could have been recorded by ANYONE in that area

True . If you are in a public place. This kinda shit REALLY PISSES ME OFF.

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.