Tuesday, June 12, 2007

Busted for Recording a Traffic Stop

Eighteen year old Brian Kelly was arrested on a felony wiretapping charge for recording a police officer during a traffic stop. Kelly was the passenger in the car and used his video camera to film the incident.

But the video camera also recorded the sound, and that's why Mr. Kelly is in trouble. There is a state law which bars the intentional interception or recording of a person's oral conversation without consent.

After pointing out that the young men were actually being filmed by a police camera on his cruiser, the officer asked Kelly to stop recording, which he did. Kelly was then arrested and spent the night in the county prison. He now faces felony charges and a possible 7 year prison sentence.
"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."

via BoingBoing


Anonymous Anonymous said...

I think it is critical that the public be allowed to record (in any way) their interaction with public servants - especially law enforcement personnel. It is simply unfair that they can record you (for possible use against you) but you cannot record them (for possible defense or use against them).

7:23 AM  

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