Recording without consent

[Virtus14]

What is the name of your state (only U.S. law)? Maine


This might not be the correct location for this question. If it is not then I am willing to relocate the thread upon hearing so.

I was wondering what laws the state of Maine has in regard to recording (video or audio) an individual without consent. I would be happy to read the specific laws myself if the language is vague or cannot be concisely paraphrased.

Beyond this initial question, which I am asking in a general manner, is it legal to record a law enforcement officer on the job? Say during a traffic stop? If so, do you need consent? Once again, I would be happy to read the laws myself if someone could direct me to them. I am completely naive in regard to locating such materials.

 

[Some Random Guy]

Interception of wire and oral communications is a “Class C” crime under the state criminal code, and an interceptor is someone other than the sender or receiver of a communication who is not in the range of “normal unaided hearing” and has not been given the authority to hear or record the communication by a sender or receiver. Me. Rev. Stat. Ann. tit. 15, § 710. Thus, the statute does not prohibit a party to the conversation from recording.

"Can We Tape?"

But beyond that, many police officers have taken the position that taping them while on duty or during an investigation is obstruction. Arrests have been made. But then again some people who have been arrested for it have sucessfully sued the police. So if you really want to be sure, rereach cases in Maine.

 

[Virtus14]

Great contribution. I will do some research tonight and post about it here.

What about video though? If that law is specifying oral is there another for visual?

 

[Some Random Guy]

read the link. There are laws about secretly videotaping in ME, but they are generally reserved for private situations (dressing rooms, bathrooms, etc) or secretly filming children. Its not referenced at the link, but many states also have lewdness laws against upskirting phtotography/video.

But for situations in publicly viewable places, video is usually OK. But usually is not always. Slap on a burka and go videotaping NYC skyscrapers and you'll find that out soon enough.

 

[Virtus14]

The statute in the link actually does cover upskirt photography. It's in the second clause I believe.

So, I believe that your answer to my question is meant to indicate that recording in a public location would be ok given proper discretion and as such, recording during a traffic stop would not be illegal in and of itself. Is this correct?

 

[Some Random Guy]

...as such, recording during a traffic stop would not be illegal in and of itself. Is this correct?

Recording a traffic stop will not break the wiretapping/eavesdropping laws of Maine. But, police can interpret some videotaping as interference or obstruction, resulting in a big hassle and/or an arrest.