Taping the Police

[BOR]

I agree with you. After a little more research, it appears that the SJC held that for a recording to be legal under Mass. Gen. Laws. Ch 272 Section 99, knowledge of the recording is all that is required, not consent. Com. v. Jackson, 370 Mass. 502, 349 N.E.2d 337 (1976).

One if these cases will eventually make it to the SJC.

What is the SJC?

The HIGH court in MA is the the Supreme Judicial court I think.

The Hyde case mentioned in the article is more recent.

 

[Mass_Shyster]

What is the SJC?

The HIGH court in MA is the the Supreme Judicial court I think.

You answered your own question.

The Hyde case mentioned in the article is more recent.

Hyde was more recent, but that one was a secret recording, so it violated the statute. The case I am waiting for will be someone arrested for openly recording the police. The wording of the statute, as well as the opinion in Com v Jackson, only make secret recordings illegal. Since Jackson had actual knowledge of the recording, it was held that the recording did not violate the statute.

 

[BOR]

I am confused, as you said:

... After a little more research, it appears that the SJC held that for a recording to be legal under Mass. Gen. Laws. Ch 272 Section 99, knowledge of the recording is all that is required, not consent. Com. v. Jackson, 370 Mass. 502, 349 N.E.2d 337 (1976).

One if these cases will eventually make it to the SJC....

Which are you talking about, Jackson?

That was areardy decided by the SJC you said?

 

[Mass_Shyster]

I am confused, as you said:

... After a little more research, it appears that the SJC held that for a recording to be legal under Mass. Gen. Laws. Ch 272 Section 99, knowledge of the recording is all that is required, not consent. Com. v. Jackson, 370 Mass. 502, 349 N.E.2d 337 (1976).

One if these cases will eventually make it to the SJC....

Which are you talking about, Jackson?

That was areardy decided by the SJC you said?

In Jackson, the police recorded Jackson's conversation with his knowledge, but without his consent. It was not Jackson recording the police.

I'm waiting for a case where the police arrest someone for openly recording police activity. The article quoted tells of at least three arrests (Simon Gli, Jon Surmacz and Emily Peyton) made of people openly recording the police. In all three cases, the charges were dropped, yet the threat of arrest is still there for openly recording the police in Massachusetts.

 

[BOR]

Got it, thanks!!

 

[InsaneJane]

They are recorded every time they enter a Dunkin Donuts. Although I doubt they are going to bite off the hand that feeds them donuts.

 

[BOR]

They are recorded every time they enter a Dunkin Donuts. Although I doubt they are going to bite off the hand that feeds them donuts.

I like Dunkin better than Kripsy Kreme, but KK's are still delicious.

 

[dlw99]

I like Dunkin better than Kripsy Kreme, but KK's are still delicious.

Nothing beats a Krispy Kreme! Is it hot yet?

 

[BOR]

Nothing beats a Krispy Kreme!!!

They are still good now, I sure would not turn one down! Ha!!

I grew up with Dunkin, there was one around the corner, so that is mostly why, an aquired tatse.

 

[dlw99]

They are still good now, I sure would not turn one down! Ha!!

I grew up with Dunkin, there was one around the corner, so that is mostly why, an aquired tatse.

We have a DD on every corner in my town.

They used to sell KK in the grocery stores, but stopped when gas prices started to climb.

That was a sad, sad day here in tiny town.

 

[Dillon]

the law is unconstitutional on its face, I claim the right per the 9th amendment to record any conversation in a public area.

no ones legal rights were violated by recording this event, you think

if one relies on a supreme court decision that there is no expectation of privacy in a public place there can be no willful intent to break the law.

What jurisdiction of law is this under, common law, equity or special maritime jurisdiction? what is the nature of this so called law?

 

[TigerD]

the law is unconstitutional, I claim the right per the 9th amendment to record any conversation in a public area.

I'm going to regret this but: How exactly are you applying the Ninth Amendment here?


For the DD v. KK side -- Dunkin Donuts wins hands down. I don't like KK's overuse of sugar coating. It kills the flavor of the donut.

DC

 

[Dillon]

I'm going to regret this but: How exactly are you applying the Ninth Amendment here?


For the DD v. KK side -- Dunkin Donuts wins hands down. I don't like KK's overuse of sugar coating. It kills the flavor of the donut.

DC

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

I retain the Right to protect myself as needed from potential unlawful activity by recording it when it occurs in a public place.

also to make money on a breaking news story.

 

[Dillon]

Ah, but if you openly record the police, and they do not consent to being recorded, then their only recourse is to remain silent. Being forced to remain silent interferes with their official duties, therefore the police will charge you with obstruction. At least that's their argument.

please tell me, how recording or preserving evidence is obstruction?

 

[Some Random Guy]

Quote:
Originally Posted by Some Random Guy
Ah, but if you openly record the police, and they do not consent to being recorded, then their only recourse is to remain silent. Being forced to remain silent interferes with their official duties, therefore the police will charge you with obstruction. At least that's their argument.

please tell me, how recording or preserving evidence is obstruction?

I'm not saying I agree with the charge of obstruction, or that a judge will. However, the police have, on repeated occasions, used that very argument to arrest people.

Man Arrested for Photographing Police Officer Who Came Into His House
Flickr: Discussing Man Arrested for Photographing Police Officer Who Came Into His House in Photography is not a crime

Photographer arrested for walking toward police
Police Safety and The Camera The Joe Blow Report 2

Police arrest ABC photographer for filming at the scene of a car crash
Insane Cop Arrests ABC News Reporter For Filming Traffic Accident | Ron Paul 2012 | Campaign for Liberty at the Daily Paul

Photographer arrested for obstruction for photographing an automated police photo radar camera van
Arizona: Man Taping Photo Radar Protest Arrested