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."
You're confusing two concepts.
One is that people have a right to privacy and their speech uttered within the confines of that privacy is theirs to do with what they wish.
The other, however, is that the freedom to speak implies that one can be heard. Those whom you would have hear you, have a right to hear you, without government interference.
To suggest that a policeman has an expectation of privacy when conducting his business which trumps the rights of those for whom he serves to observe that activity, is to provide him with a powerful tool of tyranny.
When you mount a soap-box to speak your mind, the government has no power to deny those who would listen the right to do so. That is part of THEIR protected freedom speech.
100% correct.
So what about the show Cops?....
I never thought those fellows were law enforcement.
I support law enforcement. But sometimes they make it awfully hard. Every time they act like like this, it pushes a few more law abiding people away, and some dark night when a police officer needs a citizen to back him up, nobody is going to be there.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.