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."
How about a pornography charge, since he was obviously videotaping assholes.
More government employees who think we work for them.
I would expect this in Communist China, not the USA.
How bout amnesty for this kid along with the 12 million illegals who daily break the law. go figure
If there were a state-installed camera in this spot, the police would be saying squat. The kid has done nothing wrong.
I wonder if they videotape traffic stops there without consent of the driver they stopped?
Outrageous! (thanks for posting)
Post of the week vote from me!
If it's fair for the goose, it's fair for the gander....
What the prosecutor just admitted to was legalized discrimination. Just because you wear a badge and carry a gun doesn't make you "special"....
Surreal.
Qui custodiet ipsos custodes?
Great, this was the area I was looking into moving to.
Patiently waiting for the “There Is Obviously More to this Story” crowd...
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.
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How about you drop all charges, apologize for your arrogance and we let it go or we can call the ACLU : )(I can’t believe I am advocating them)
This area is suppose to be republican. I would expect it of a blue area.
I always thought that you could photograph or videotape anyone out in public. News cameramen do it all the time.
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