Quote:
Originally Posted by nhgunnut
Unauthorized recording of audio without a warrant is a Federal not a state offense. It appears that the state prosecutor is using this fact to bully this guy.
This in fact means if you use your cell phone to capture audio without the consent of another you can be prosecuted. The fact that it was spontaneous meaning that no plan was made to record the officer and if no threat was made based on the existence of the recording meaning "Drop the Charge or I release the recording" conviction is unlikely.
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First of all,
Unauthorized (meaning recording in away that violates federal law )recording of audio is a Federal offense
Recording without a warrant simply means that you cannot use the audio against someone in court because its unconstitutional. (due process)
If I remember correctly, under federal law ONE party has to be aware of the recording and a party to the conversation. In other words, you can record your interaction with another but you cannot record when you are a third party.
There are several states (state law) that require all parties to be notified of the recording;
California
Connecticut
Delaware
Florida
Massachusetts
Maryland
Michigan
Montana
New Hampshire
Pennsylvania
Washington.
In the case of the guy in question, he was not recording "the officer". The officer rudely interrupted a private recording and when the officer asked the individual to shut off the camera he did. Though Maryland allegedly has a law regulating recorded conversations SURPRISE that is a state law. Since the there is no indication that the officer was the target of the recording and it is quite apparent that the guy was simply recording his own personal activity there is no reason for him to be charge much less convicted.
Its like walking in on someone taking private notes on a voice recorder, yell at the guy to shut it off then charge him for recording you telling him to shut it off.
The standard that they apply here means that any security camera in a public place may be illegal.
more details
Officials Upset Over Posted Traffic Stop Video
Video of a traffic stop in Maryland is now spreading across YouTube. It's a video that's landed one man in serious trouble with the law.
As Kelly McPherson reports, police are now going after the man with the camera.
It was a highway confrontation caught on camera.
"Get off the motorcycle, get off the motorcycle. Get off the motorcycle, state police," yelled the officer involved.
The video is causing a stir online, but also with state police and now the Harford County State's Attorney.
Fitted with a helmet camera, Anthony Graber was recording his ride when an unmarked trooper car pulled him over for speeding.
"I was afraid. I thought the person -- at the time I didn't know it was an officer -- was going to shoot me," said Graber.
The father of two and Air National Guardsman could go to prison for recording the audio of the traffic stop ultimately because he posted it on YouTube.
"I posted it on YouTube because my mom was worried about the legality of it, and she was upset that a police officer pulled a firearm on me because I'm not a criminal," said Graber.
"When that plainclothes trooper witnessed this, initially he got out of his car, he held that gun at his side, momentarily. When he saw the situation was under control he quickly put it away. He never pointed it at the individual. We think he acted appropriately," said Greg Shipley, Maryland State Police.
State police saw the video online, reopened the investigation and turned Graber's traffic ticket into reckless and negligent driving charges.
"Anybody driving over 100 miles per hour on one wheel up Interstate 95 ought to expect to be pulled over," said Shipley.
Maryland is a two-party consent state. That means you can't record somebody without telling them. It's a felony to break that law.
That's exactly what state police told the motorcyclist when they came to his house more than a month after he'd been pulled over.
"I don't want to go to jail. I haven't really done anything wrong. It wasn't a violent crime. No one was injured. No one was hurt," said Graber.
The Harford County State's Attorney is handling the case, but has not charged the motorcyclist.
http://wjz.com/local/traffic.stop.yo...2.1621320.html