Posted on 06/15/2007 10:11:34 AM PDT by kiriath_jearim
An 18-year-old from Pennsylvania is facing a felony charge after he was caught videotaping a police officer handing out a traffic ticket on a public street.
"I didn't think I could get in trouble for that," Brian D. Kelly told The Patriot-News.
Apparently, neither did a long list of members of the public, who have erupted on the newspaper's comment page.
"This is the most asinine thing I have EVER heard. Citizens have the right, and indeed, often the DUTY to film police officers performing their job," wrote ZippoPA. "I will donate right now to a fund to defend this person."
"Don't police videotape you from their car without consent? I think they should be required to obtain consent for dashboard cameras," added TheSabre.
"In the era of Rodney King and such we should have the right to video them, after all they video us … with the dashcam," suggested cd3.
"I'm seriously beginning to question the stability and wisdom of our area police," wrote Liberty1776. "The idea of this man being prosecuted is frightening. Regardless of his attitude during the incident, there are many police who are irrational and abuse the power of their badge. … Sometimes Americans should be afraid of their government."
Prosecutors declined to respond to WND requests for a comment about the situation that developed in Carlisle. Kelly said making movies is a hobby, and he was just recording another interesting event.
But authorities say he's facing a felony wiretapping count, and up to seven years in prison, after his camera and film were seized by police on May 24.
He spent the next 26 hours in the Cumberland County prison until his mother raised security for his $2,500 bail on her house.
The law technically bans the intentional recording of any oral conversation without permission. A preliminary hearing has been scheduled for July, before Judge Jessica Brewbaker.
"Obviously, ignorance of the law is no defense," District Attorney David Freed told the newspaper. "But often these cases come down to questions of intent."
Reports show Kelly was riding in a pickup that was stopped for alleged traffic violations. Kelly's camera was in his lap, running, and he aimed it at the officer. Police said they ordered him to turn it off and confiscated it, filing the felony after checking with a prosecutor.
"He said, 'Young man, turn off your ... camera,'" Kelly said. "I turned it off and handed it to him. ... Six or seven more cops pulled up, and they arrested me."
Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate.
"I don't believe there was any underlying criminal intent here," he said.
Prosecutors said state law does allow police to record civilians, but not the other way around.
"Welcome to the police state," added deadload on the newspaper comment page. "I would think the only reason the cops don't want to be taped is so that they won't be caught doing something wrong."
Reminds me of the kid who recorded his experience at a ‘check point’ and refused to tell the officer where he was going.
It’s one thing to start recording then quite another to keep recording after being told to turn it off. Sounds to me like the kid complied. Grrrr.
Tyranny.
How does wiretap law apply if you are a party to the conversation?
This law is an example of the creeping tyranny being brought against law abiding citizens. What’s the matter ... does LE have something to hid. This law should absolutely be overturned as UNCONSTITUTIONAL
I am coming to the point where I have nothing but contempt for for those in authority. Illegals are stealing the identities of those who work hard and play by the rules on a daily basis, with the complicity of illegal employers. And yet this kid faces a felony charge? El Presidente sleeps with a sitting Senator who recklessly took a life, and did not face the consequences that this kid is facing.
I don’t like what’s happening to this poor kid. That said, ya wanna ‘splain it t’me how this law is unconstitutional? Seriously, I’d appreciate knowing.
“Qui custodiet ipsos custodes?”
Yep. Same reason as we have a 2nd Amendment. Keeps ‘em honest (well at least to extent that we have more and better firepower than they do, and right now we’ve only got the more part).
Brilliant!
So, it appears that these police are concerned that there might be an acurate recording/account of what they do. Sounds like grounds for firing. Do public employees generally seek to evade accountability?
A felony? How many illegals are on our streets even after committing violent crimes?
This case is simply disgusting.
I don’t like the fact that they can tape you and use it to incriminate you but you can’t tape them to defend yourself.
OTOH if you’ve ever seen any of Alex Jones “gestapo/police state” tapes you would be amazed at the restraint of some cops. Jones greets them with a nazi salute and a camera in their face.
“Do public employees generally seek to evade accountability?”
Yes.
Next question.
I spewed my coke when I read that. You owe me a new keyboard for that one.
Another “videotaping” story from L.A.:
For the same reason gov't can sue you for doing something wrong, but you can't sue the gov't.
that being said, the link in Comment #21 does a good job of elucidating the situation. This case will go nowhere fast, it sounds like.
Next thing you know local govt. will video/snap photos of folks driving through intersections allowing for tickets to be issued for running a red light. Try facing your accusor on that one... not gonna happen. Send us your $80-$200 fine please 'cause you're presumed guilty.
sarc. off.
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