Here is an interesting story with some possibly far-reaching implications...perhaps it would make for an interesting discussion here?
SJC upholds conviction of man who secretly taped police
http://www.boston.com/news/daily/13/..._recording.htm
By Denise Lavoie, Associated Press, 07/13/01
BOSTON -- The state's highest court on Friday upheld the conviction of a man who secretly recorded police after they pulled him over.
The Supreme Judicial Court in a split decision ruled that Michael Hyde violated the state's electronic surveillance law, which prohibits secret recordings.
But in a strongly worded dissent, two justices said the wiretapping statute was not meant to prevent citizens from recording an encounter with police.
Hyde, a rock musician, said he recorded Abington police because he thought they unfairly targeted him for a traffic stop on Oct. 26, 1998, because of his long hair, leather jacket and his sports car.
Hyde recorded officers using an obscenity, asking him if he had any cocaine in his car, and threatening to send him to jail.
Several days later, he brought the tape to police headquarters to try to prove he was harassed. Instead, police charged Hyde with unlawful wiretapping.
A jury took less than an hour to convict Hyde of breaking the electronic surveillance law. He was sentenced to six months of probation.
David Yas, publisher of Massachusetts Lawyers Weekly, said the wiretapping law was established to protect citizens against government oppression.
"The preamble to the law said electronic devices are a danger to the privacy of all citizens. This case turns that notion on its head because here we had an individual trying to protect himself from a misdeed on thepart of public officials and he's the one who ends up being arrested for it and prosecuted," Yas said.
[ 07-25-2001: Message edited by: The Blue Line ]
SJC upholds conviction of man who secretly taped police
http://www.boston.com/news/daily/13/..._recording.htm
By Denise Lavoie, Associated Press, 07/13/01
BOSTON -- The state's highest court on Friday upheld the conviction of a man who secretly recorded police after they pulled him over.
The Supreme Judicial Court in a split decision ruled that Michael Hyde violated the state's electronic surveillance law, which prohibits secret recordings.
But in a strongly worded dissent, two justices said the wiretapping statute was not meant to prevent citizens from recording an encounter with police.
Hyde, a rock musician, said he recorded Abington police because he thought they unfairly targeted him for a traffic stop on Oct. 26, 1998, because of his long hair, leather jacket and his sports car.
Hyde recorded officers using an obscenity, asking him if he had any cocaine in his car, and threatening to send him to jail.
Several days later, he brought the tape to police headquarters to try to prove he was harassed. Instead, police charged Hyde with unlawful wiretapping.
A jury took less than an hour to convict Hyde of breaking the electronic surveillance law. He was sentenced to six months of probation.
David Yas, publisher of Massachusetts Lawyers Weekly, said the wiretapping law was established to protect citizens against government oppression.
"The preamble to the law said electronic devices are a danger to the privacy of all citizens. This case turns that notion on its head because here we had an individual trying to protect himself from a misdeed on thepart of public officials and he's the one who ends up being arrested for it and prosecuted," Yas said.
[ 07-25-2001: Message edited by: The Blue Line ]
Comment