Video recording leads to felony charge

Zarcath · 06-11-2007, 02:23 PM

Video recording leads to felony charge - Breaking News with The Patriot-News: PennLive.com

Quote:

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.

So the charge is illegal wiretapping for having recorded SOUND without consent (in this case the police officers). It's implied that had he only been recording video and not sound, it would have been ok.

I guess when you're getting a traffic violation your rights as a citizen are null. As a public servant I'd think a police officer who's on public duty wouldn't have any say in what people recorded them doing. Police also seized the kids other tapes on him that weren't related. Couldn't the kid counter-sue for injust seizure of property?

prescient63 · 06-11-2007, 02:50 PM

From reading the article it is probably going to get dropped as there was no malicious intent. However, I assumed it was common knowledge that you could not record people's voice. I guess i assumed wrong.

James · 06-11-2007, 02:51 PM

I thought you could, you just have to tell them that you are. If the video camera wasn't hidden, I don't see what the problem would be?

Zarcath · 06-11-2007, 03:10 PM

uh i thought anything in public streets is fair game. I thought the "tell people you are" thing was just a legality with using the production for broadcast. Even if you tell someone you're recording them, its just a courtesy right? Even if they say no you can still do it?

Wasn't there someone here who took creepy photos of chicks in public?

Bladefury · 06-11-2007, 03:14 PM

I know in a lot of states you can't record PHONE conversations without permission (or sometimes at all?) I have no idea about public areas though.

Mario Speedwagon · 06-11-2007, 04:04 PM

Glad the government is so concerned with stamping out illegal wiretapping.

Vorph · 06-11-2007, 04:28 PM

Quote:

Originally Posted by Zarcath

Wasn't there someone here who took creepy photos of chicks in public?

Bonzai, though I think creepy is a bit of a stretch there. It's not like he's that guy who taped a camera to his ankle to take upskirt pictures at malls... and that's a whole different sort of law from wiretapping (i.e. audio only) anyway.

Quote:

Originally Posted by Mario Speedwagon

Glad the government is so concerned with stamping out illegal wiretapping.

Of course, the gov't needs to maintain its monopoly on the illegal wiretapping business.

Seig · 06-11-2007, 04:53 PM

Quote:

Originally Posted by Zarcath

uh i thought anything in public streets is fair game. I thought the "tell people you are" thing was just a legality with using the production for broadcast. Even if you tell someone you're recording them, its just a courtesy right? Even if they say no you can still do it?

I assumed the same thing mainly because of the Tom Green show and Jackass. You'd think there would be alot of lawsuits against them if the law requires permission to record someones voice.

Havelock · 06-11-2007, 05:10 PM

This case is dumb as hell. The cop never should have arrested the kid, and the DA's office should never have papered it. I don't know if the law's constitutiuonal or not, but if it is, it's crazy overbroad. What a waste of taxpayer dollars.

cyanbane · 06-11-2007, 09:32 PM

Quote:

Originally Posted by Havelock

This case is dumb as hell. The cop never should have arrested the kid, and the DA's office should never have papered it. I don't know if the law's constitutiuonal or not, but if it is, it's crazy overbroad. What a waste of taxpayer dollars.

/fucking agree.

this will go no where.

Sole · 06-11-2007, 10:19 PM

I could be wrong but I think its pretty much left up to the judge if any undefined antics (like video or sound without consent) are allowed as evidence.

But yeah this is a bullshit case, and has counter suit written all over it if he wants to pursue it.

xeg_IS · 06-11-2007, 10:27 PM

This story is a blog?

I can't find any other stories on this.

Arakkis · 06-11-2007, 10:44 PM

Anyone know what it takes to be considered a member of the press in the eyes of the law? I guess it is ok to take pictures of celebrities asses while they are sunbathing at home, but if you get sound of Janet Jackson slapping her ass you go to jail.

Zarcath · 06-12-2007, 02:07 AM

Quote:

Originally Posted by xeg_IS

This story is a blog?

I can't find any other stories on this.

not a blog blog, its the official The Patriot-News sub-domain thing. I've noticed a lot of companies use "blogs" now for their press releases etc because it's hip to call it a blog.

06-11-2007, 03:14 PM	#5 (permalink)
Bladefury Registered User Join Date: May 2002 Posts: 370 -1 Internets	I know in a lot of states you can't record PHONE conversations without permission (or sometimes at all?) I have no idea about public areas though. __________________ What?

06-11-2007, 05:10 PM	#9 (permalink)
Havelock Lead Farmer Join Date: May 2005 Location: DC Posts: 1,569 -6 Internets	This case is dumb as hell. The cop never should have arrested the kid, and the DA's office should never have papered it. I don't know if the law's constitutiuonal or not, but if it is, it's crazy overbroad. What a waste of taxpayer dollars. __________________ Give WAR a Chance

06-11-2007, 10:27 PM	#12 (permalink)
xeg_IS Stock Guru Join Date: Dec 2002 Posts: 503 -1 Internets	This story is a blog? I can't find any other stories on this. Last edited by xeg_IS : 06-11-2007 at 10:45 PM.

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06-11-2007, 02:50 PM	#2 (permalink)
prescient63 You can't blame women for what they do wrong in the same way that you can't blame a dog for what it does wrong. Join Date: Sep 2002 Posts: 1,260 -6 Internets	From reading the article it is probably going to get dropped as there was no malicious intent. However, I assumed it was common knowledge that you could not record people's voice. I guess i assumed wrong.

06-11-2007, 03:10 PM	#4 (permalink)
Zarcath Lead Farmer Join Date: Jan 2004 Location: Hawaii Posts: 5,068 +12 Internets	uh i thought anything in public streets is fair game. I thought the "tell people you are" thing was just a legality with using the production for broadcast. Even if you tell someone you're recording them, its just a courtesy right? Even if they say no you can still do it? Wasn't there someone here who took creepy photos of chicks in public?

06-11-2007, 04:04 PM	#6 (permalink)
Mario Speedwagon Banned Join Date: Jun 2004 Location: 3rd Place Posts: 1,016 +0 Internets	Glad the government is so concerned with stamping out illegal wiretapping.

06-11-2007, 10:19 PM	#11 (permalink)
Sole I love me some me Join Date: Feb 2003 Location: Texas Posts: 420 -3 Internets	I could be wrong but I think its pretty much left up to the judge if any undefined antics (like video or sound without consent) are allowed as evidence. But yeah this is a bullshit case, and has counter suit written all over it if he wants to pursue it.

06-11-2007, 10:44 PM	#13 (permalink)
Arakkis Internet Villain Join Date: Oct 2006 Posts: 710 -19 Internets	Anyone know what it takes to be considered a member of the press in the eyes of the law? I guess it is ok to take pictures of celebrities asses while they are sunbathing at home, but if you get sound of Janet Jackson slapping her ass you go to jail.