Freedom

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Recording a public police arrest in the US

This is wrong. A police office in a public place should be subject to the same - if not greater - level of survellience as the rest of us. In executing their duty to product the public trust, they must be answerable to and should be able to be recorded by members of the public.

From http://www.boston.com/news/local/massachusetts/articles/2010/01/12/police_fight_cellphone_recordings/

Witnesses taking audio of officers arrested, charged with illegal surveillance
Simon Glik, a lawyer, was walking down Tremont Street in Boston when he saw three police officers struggling to extract a plastic bag from a teenager’s mouth. Thinking their force seemed excessive for a drug arrest, Glik pulled out his cellphone and began recording.

Within minutes, Glik said, he was in handcuffs.

“One of the officers asked me whether my phone had audio recording capabilities,’’ Glik, 33, said recently of the incident, which took place in October 2007. Glik acknowledged that it did, and then, he said, “my phone was seized, and I was arrested.’’

The charge? Illegal electronic surveillance

From the same article (emphasis added):

Michael Hyde, a 31-year-old musician, began secretly recording police after he was stopped in Abington in late 1998 and the encounter turned testy. He then used the recording as the basis for a harassment complaint. The police, in turn, charged Hyde with illegal wiretapping. Focusing on the secret nature of the recording, the SJC upheld the conviction in 2001.

“Secret tape recording by private individuals has been unequivocally banned, and, unless and until the Legislature changes the statute, what was done here cannot be done lawfully,’’ the SJC ruled in a 4-to-2 decision.

In a sharply worded dissent, Chief Justice Margaret Marshall criticized the majority view of a law that, in effect, punished citizen watchdogs and allowed police officers to conceal possible misconduct behind a “cloak of privacy.’’

“Citizens have a particularly important role to play when the official conduct at issue is that of the police,’’ Marshall wrote. “Their role cannot be performed if citizens must fear criminal reprisals when they seek to hold government officials responsible by recording, secretly recording on occasion, an interaction between a citizen and a police officer.’

The article concludes:

It took five months for Surmacz, with the ACLU, to get the charges of illegal wiretapping and disorderly conduct dismissed. Surmacz said he would do it again.

“Because I didn’t do anything wrong,’’ he said. “Had I recorded an officer saving someone’s life, I almost guarantee you that they wouldn’t have come up to me and say, ‘Hey, you just recorded me saving that person’s life. You’re under arrest.’ ’’

I wonder if the same 2 party consent law would be upheld when someone complained about privacy infringement when a officer has 'secretly' filmed them with a speed or other camera.