Question: If the parties being recorded have to consent, does that mean if I don’t consent to being photographed or videoed by the ubiquitous street cameras operated by the city that I can sue and/or have the operators and city officials who had them installed arrested?

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer. Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.
[...]
Almost without exception, police officials have staunchly supported the arresting officers. This argues strongly against the idea that some rogue officers are overreacting or that a few cops have something to hide. “Arrest those who record the police” appears to be official policy, and it’s backed by the courts.
[...]
When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.

Found by Brother Uncle Don




  1. SparkyOne says:

    Cameras don’t kill people, eh…..

  2. ECA says:

    “Question: If the parties being recorded have to consent, does that mean if I don’t consent to being photographed or videoed by the ubiquitous street cameras operated by the city that I can sue and/or have the operators and city officials who had them installed arrested?”

    I suggest you read that piece of paper you signed when you got your license..

    SAID before..
    When they get to use Camera’s on us/we, there should be TWICE as many on THEM, in PUBLIC display.

  3. brm says:

    this is evidence that they’re up to no good.

    i mean, that’s the kind of logic they use on us.

  4. ECA says:

    lets do it this way..
    1. they have taken the Self policing AWAY from the public. YOU can not do anything, and if you do, you will be arrested also.
    2.MAY/YOUR taxes pay for WHAT??
    3. DITTO 2, then add, and it costs HOW MUCH to put a person in prison?? OVER $40,000 per year per person?
    4. HOW many are in prison for MINOR drug charges? OVER 50%??(look at PAST cases as well as current arrest records)
    5. OVER 1/2 out NATIONAL guard, those supposed to protect our NATION from the INSIDE, are where??
    6. Since you (the smart person) dont want the job, WHOM do we hire to DO IT??(the LESS SMART)
    7. AND about 6, think of WHO runs the gov. NOT the person that DONT WANT THE JOB(the smart one).

  5. ECA says:

    PS,
    Since they ARENT doing their jobs, CAN WE GET A REFUND??

  6. noname says:

    What do the police have to fear if they are not breaking the law. The law should be about the protecting the truth and not about protecting crimes.

  7. Father says:

    Posting the names of police officers that arrest picture takers has what consequences?

  8. Eric says:

    In Maryland (and Virgina) it is ilegal to have a radar detctor IN YOUR CAR. Just putting it away is not good enough. If you’re pulled over for a “random” search and they find it, it is confiscated and you get a fine.

  9. Dallas says:

    This is disturbing indeed. It’s taking the Cheney administration era police state mentality to a terrible place.

    I hope this makes it to the Supreme Court pronto while there is a reasonable distribution of liberal justices on the bench.

  10. KMFIX says:

    Yeah. I completely agree with the logic of.. If you’re not doing anything illegal, why are you afraid of being recorded?

    THEY use the same logic on US.

  11. PMitchell says:

    It only took 9 posts before the nutballs found some way to blame Bush for this

    but then Dallas is irrelevant he is so far off the deep end I am glad I left Arlington before he goes on a shooting rampage against the man

  12. sargasso_c says:

    Personally, I blame George W. Bush and Dick Cheney. And the RIAA and MPAA. Lady Gaga’s hairdresser. Elton John’s florist. And I draw a strange and sinister correlation between this and the sudden appearance of sink holes in Guatemala.

  13. SilkySaul says:

    Wow.. I’ve never known I’ll be saying this but “FUCK THA POLICE” — Seriously, this is ridiculous.

  14. TooManyPuppies says:

    Their argument was “if you’ve got nothing to hide, then what’s the problem?”.

    So, if it’s going to be illegal to photograph them while they are committing a crime, take them out. You’re going to jail either way, at least you can to your civic duty and take them off the street.

    And I say that as a former cop.

  15. Maricopa says:

    This from the same cops who probably have a dashboard mounted camera recording the interaction.
    Of course, their recordings are highly likely to go missing in some circumstances.

  16. GRtak says:

    Does them mean that CCCT cameras in stores are now illiegal in those states? And what about freedom of the press? Isn’t a cop breaking the law news?

  17. Uncle Patso says:

    “Almost without exception, police officials have staunchly supported the arresting officers.”

    Well, DUH! Cops have always had a big “Us versus Them” mentality; it comes with the job.

    I think the defense attorneys should make real pests of themselves, insisting that TV stations with traffic helicopters be charged with felony wiretapping, as well as every TV news crew and newspaper and magazine photographer as well, not to mention any and all cops with dash-mounted cameras.

    How long until all cameras are confiscated?

  18. Diceman82 says:

    so even the federal supreme court supports these laws or is it just dipshit local courts?

    not like the justices have made any sane choices lately as it its just awkward that the only weapon we have vs state bitch #47 is now a felony but if you have a press pass its fine.

    ps:how can i go about gettin a press pass, seems it wont be long before ohio has the same laws as well.

  19. Anon says:

    Three VERY liberal states. Figures. Liberals hate the Constitution.

  20. Amazing how quickly such laws get passed!



Bad Behavior has blocked 25409 access attempts in the last 7 days.