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Teen facing felony for taping cop
WorldNetDaily ^ | 6/14/07 | n/a

Posted on 06/15/2007 10:11:34 AM PDT by kiriath_jearim

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To: kiriath_jearim
The defense should demand the officer's dash-cam footage and the accompanying wiretap warrant that allowed him to tape conversations with citizens.
41 posted on 06/15/2007 10:33:11 AM PDT by TChris (The Republican Party is merely the Democrat Party's "away" jersey - Vox Day)
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To: kiriath_jearim
I understand that if it was in public that the police shouldn't have any expectation of privacy. I need a lawyer to verify this for me.

My gut feeling leads me to believe that the Officer was up to something...or blew his audition for the next episode of Cops, maybe Reno 911 would be more appropriate


42 posted on 06/15/2007 10:33:16 AM PDT by darkwing104 (Let's get dangerous)
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To: Stark_GOP

You can photo or videotape them....you cannot tape their conversations without consent of one party partaking in the conversation.

There’s the rub.

We had a counter-protest in Boston with a bunch of cops present. They were talking amongst themselves and an “independent journalist” (read: socialist that took pictures of their protests for publication on personal website) get arrested because he had an audio-recorder and was taping the cops’ conversation. When told to stop because he was in violation of wiretapping statutes...and he didn’t stop....they arrested him.

Probably the same sort of thing here.


43 posted on 06/15/2007 10:34:03 AM PDT by ElectricStrawberry (1/27 Wolfhounds...cut in half during the Clinton years.)
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To: kiriath_jearim; Squantos; sit-rep

These so-called “eavesdropping laws” (that say you can’t even record a conversation in which you are a party, if all other participants don’t consent) were passed by so-called “civil libertarians” (that is, ACLU types). The laws were stupid then, and are now coming back to bite them in the ass.

One commentator noted that under the Illinois “anti-eavesdropping” statute, someone could surreptitiously record their own murder, but the tape would be thrown out as evidence against the perps.

These laws need to be overturned now. They go way beyond the actual definition of eavesdropping. Any event that happens in public, or to which the person doing the recording is an invited participant, is fair game.

This kid needs to be released now and all charges dropped.


44 posted on 06/15/2007 10:34:04 AM PDT by Larry Lucido (Duncan Hunter 2008 (or Fred Thompson if he ever makes up his mind))
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To: fr_freak

Hmmm. Maybe. IANAL, but that doesn’t sound like it to me. As a comparison, its legal for police to buy/own guns that I can’t own legally here.


45 posted on 06/15/2007 10:34:18 AM PDT by RKV
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To: dead
Bada bing....

L

46 posted on 06/15/2007 10:36:18 AM PDT by Lurker (Comparing moderate islam to extremist islam is like comparing small pox to plague.)
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To: Stark_GOP

I always thought photographing in public places was fair game as well. I know there are copyright laws regarding buildings and other structures. I cannot imagine the repercussions if this is actually taken to court.


47 posted on 06/15/2007 10:36:20 AM PDT by colinhester
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To: kiriath_jearim

Looks to me like we have some embarassed cops and a DA who doesn’t want to offend them by tossing the case out. I would expect this to be dismissed at the preliminary hearing stage.

I am familiar with the Pa wiretapping statute and it is abundantly clear that anything that happens in a public setting, like a street, is fair game for video or audio recording.


48 posted on 06/15/2007 10:37:13 AM PDT by mak5
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To: kiriath_jearim
The police can stop you at random. Even if your tailight isn't broken, it will be by the time your car is impounded. There's your probable cause.

Once they have pulled you over they can handcuff you and put you in jail without charging you for an indeterminate period of time. You're not under arrest until they say you are. If you don't answer their questions, they can conveniently find a weapon or a baggie of meth on you when they search you.

When (not if) this happens, say goodbye to your watch, jewelry and any cash you have on you. You will never see them again, unless it's in a pawnshop. Good luck proving they're yours.

My town has a pawnshop next door to the police uniform shop. They can visit both in one stop.

49 posted on 06/15/2007 10:39:03 AM PDT by CholeraJoe ("You just killed a helicopter with a car!" "I know. I was out of bullets.")
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To: dead
Are they going to arrest every member of the paparazzi then too?
50 posted on 06/15/2007 10:39:35 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: RKV
As a comparison, its legal for police to buy/own guns that I can’t own legally here.

Do you mean police can buy them for personal use, or that the police department buys them for use on the job?
51 posted on 06/15/2007 10:40:05 AM PDT by fr_freak
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To: kiriath_jearim

Incidentally, this is a similar statute that was used agaist Linda Tripp. She allegedly “eavesdropped” on a conversation between herself and Monica by recording it instead of just memorizing it or taking notes. I think her case was dismissed, if I recall correctly.


52 posted on 06/15/2007 10:40:33 AM PDT by Larry Lucido (Duncan Hunter 2008 (or Fred Thompson if he ever makes up his mind))
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To: fr_freak

Both. Certain shotguns and full auto weapons can be sold to Law Enforcement only. That means they show a badge and they can buy it.


53 posted on 06/15/2007 10:41:51 AM PDT by CholeraJoe ("You just killed a helicopter with a car!" "I know. I was out of bullets.")
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To: Titus Quinctius Cincinnatus
For the same reason gov't can sue you for doing something wrong, but you can't sue the gov't.

And what reason is that, again?
54 posted on 06/15/2007 10:42:28 AM PDT by fr_freak
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To: fr_freak

Sovereign immunity.


55 posted on 06/15/2007 10:43:47 AM PDT by CholeraJoe ("You just killed a helicopter with a car!" "I know. I was out of bullets.")
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To: ThisLittleLightofMine
we let it go or we can call the ACLU : )(I can’t believe I am advocating them)

If law enforcement and the courts would follow the Constituion there would be no ACLU. I don't understand why conservatives don't call them more often.
.
56 posted on 06/15/2007 10:44:31 AM PDT by radioman
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To: kiriath_jearim
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.

Then why is your department dragging him to court???

57 posted on 06/15/2007 10:45:31 AM PDT by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
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To: Eric in the Ozarks

BINGO! That is the democrap party perspective of we the people ... we serve their empowerment, the liberal leftist bastards.


58 posted on 06/15/2007 10:46:17 AM PDT by MHGinTN (You've had life support. Promote life support for those in the womb.)
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To: kiriath_jearim

traffic cops are useless. If they’re out busting kids for seeds and stems, they’re doing this crap. 6 or 7 cops responded? Now there’s a cost effective use of taxpayer dollars. I feel safer already


59 posted on 06/15/2007 10:49:12 AM PDT by sfvgto (is Marion Barry a democrat?)
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To: kiriath_jearim
The law technically bans the intentional recording of any oral conversation without permission.

The clear question here is WHO'S PERMISSION? Generally, in most states, permission may be granted by either single party involved in the conversation and since he was riding in the truck at the time, one has to wonder ...? Off the top, it sounds a lot like the officer got torqued for some reason (maybe not even because of this stop) and desired not to be taped. Once the ball starts rolling officially, it gets hard to stop and at some point an 'official' reason has to be attached. It will be interesting to see how this eventually turns out.

60 posted on 06/15/2007 10:51:22 AM PDT by SES1066 (Cycling to conserve, Conservative to save, Saving to Retire, will Retire to Cycle.)
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