75-Year Sentence for Taping the Police? The Absurd Laws That Criminalize Audio and Video Recording

reply to post by Xcathdra


This should go all the way to supreme court if necessary to get the law changed. There is 4 other 2-consent party states afaik. 3 of them have had similar arrests but the charges were dismissed because of the privacy issue. DA's even sent memos to police not to use that charge as they cant prosecute it. This is the last state where this has to be 'fixed'.
Too bad for this guy though. He must be going through hell because of this

reply to post by Xcathdra


I got hidden cameras on my car, i am not really worried much anymore though. I wanted any offense a cop commited on me documented, and no way the footage would be lost. I have been here almost 3 years and I saw a cop car maybe 5 times so far lol. I am just saying all the crazy laws out there are not doing cops any favors. Someone get locks up for having an ounce of pot. Can't get a job when they get out of prison. End up going away again. If I was one of those poor saps on strike three, no way I would be taken alive. I am not really connected to "the streets" like I used to be, been years since I visited the gang spots to buy bulk drugs, but I know a lot of them do feel like that. They would rather shoot it out and take their chances, than go back into the cage and I can't blame them. The more draconian the laws get, the more danger the cops are in. As a whole I won't cry for cops, but I know there are some that are more good than bad. I guess this is another situation the generations before failed us miserably. If the good cops bit the corruption in the ass back in the day, I think things could be way different.

reply to post by Sherlock Holmes


Chicago Public Radio

This oughta do it, no?

There was a short discussion about this on this ATS Thread

Not about this case, but about the law, and the ACLU being shot down by a federal judge.

All court proceedings are public record, this judge don’t have privacy on the bench the citizens voted him into! Is there some kinda “off the record” thing though?



In my city court is recorded and sometimes the same day, if not the next showed on local cable tv for the whole county to watch, as far as Ive seen its been only my city that does this. Its not a big city neither. (not all cases are shown**time issue) anyone else have this same thing?
(been doing this for over 5yrs)

A Judge has no right to privacy when in official duty status as a Judge..working for the people.

If he was on his lunch break or after duty hours it would be a different story.

The people need to start holding Judges accountable to them. I feel sorry for this guy going to jail for 75 years for legally recording a Judge.

He got hosed and the people won't demand justice for his illegal incarceration by a corrupt Judge.

reply to post by Sippy Cup


reply to post by Pervius


Actually that is somewhat incorrect. Courteooms / hearings are open to the public. A judge can prohibit cameras, audio recording, media people etc from the courtroom. Its generally not done (ive only see it a few times myself) on a regular basis at all.


Court proceedings fall under different rules when it comes to this stuff (administration of Justice). While you guys are correct there is no expectation of privacy in public, courtrooms are going to be the exception to that rule. Court rulings are not a matter of public record until the end of the proceeding, which can include appeals up to the Supreme Court. The accused has a right to a fair and speedy trial, and those rights are weighed against the publics intrest and right to know.

When in doubt, the caution falls to protecting the accused.

While I completely agree about the OP and the authorities there going to the extreme and then some, I strongly strongly urge people not to try to put this to the test. Contempt citations can get expensive and its possible to be put in jail as well until the court decides to release you, or you appologize to the court.

Think of it like a Captain on a ship or airplane. The Captain is ultimately responsible for their respective ships / planes. In the courtroom the judge is the Captain. Court prceedings and rules fall under their own special category, decided by the Chief administrative judge (judge in charge of the circuit / municipal court) which is discretionary.

As I said, be very very careful in terms of pushing the limits in a courtroom.

Originally posted by Pervius
The people need to start holding Judges accountable to them. I feel sorry for this guy going to jail for 75 years for legally recording a Judge.

He did not go to jail. The article says each count carries 15 years mas in prison x 5 counts (5 people in the courtroom excluding the guy recording).

Judges are held accountible by ethics panels. Judges themselves have almost a qualified immunity in terms of being sued and what not for the bovious reasons. Any type of problem needs to be submitted to the appropiate panel for review.

I am not trying to defend this judges actions, just pointing out some of the misconceptions.

I clearly see a judge that needs a serious case of the JFK.

First thing I would have said to the judge was; so are you telling me sir you are here acting in your private capacity as a man? Then you have him. If he says yes he has no authority to charge or sentence you and is liable if he makes a claim against you, and if he says no he has no privacy since he as acting on behalf of a corporate fiction as a municipal corporation.

reply to post by anumohi


Why would we want a judge to try to invade Cuba while blockading the Island, only to put a man on the moon by the end of the decade?

Come on now.. you really should pay attention

I see the case being chucked either at the State level, or the FEderal Appeals.

F'in A cotton
whats goin on in this world??

Originally posted by conspiracytheoristIAM
What event, perpetrated on us by the authorities, will bring people out of their stupor ????

It'd have to be something that makes the majority of people look @their fellow humans as "us". No matter if its Pedro in his Chevvy, Aybecesha in her clear heeled stilletto shoes, Billy-Bob in his pickup with guns on the rack, Fatima that covers her hair in public, Ira that couldn't swing a bat without dislocating his wrist, Jim that goes by Jenny @the weekends, or whoever else. So long as we concentrate on the differences between us, we ignore that we all have far more in common than we do differences. We are divided.

There's no need to conquer us. We've done it to ourselves & handed ourselves as powerless individuals arse first, with an apple in our mouths, on a silver platter, to anyone who has climbed, or was born @the top of, the greasy pole, along with a hand written menu saying:

Today's Special
"Stick A Fork In - I'm Done"*
Avec mes enfants et pommes frites de liberte.

*Only 100% FDA approved methods were used to produce this arse for your enjoyment.

reply to post by DimensionalDetective


The Cops and Courts seem to be doing a fine job of making themselves more enemies everyday, I'll also wager some people are taking names as well, how can you respect lopsided justice like this.

I live in Maryland. How do you think I feel? It sucks because if I'm pulled over, I can't even protect myself with video.
reason.com...

Originally posted by mossme89
I live in Maryland. How do you think I feel? It sucks because if I'm pulled over, I can't even protect myself with video.
reason.com...

edit on 29-1-2011 by mossme89 because: (no reason given)

Somethings missing here... The motorcycle incident went to court and was thrown out. I was under the impression that created case law in the state where people could not be charged for recording in public.

Either or, its BS and the crap needs to stop.

I'm sad to see nobody else saying this. let me remind everybody why this is happening.

IT IS NOT 1 GOVERNMENT, 1 CORPORATION, 1 JUDGE, 1 PRESIDENT ANYTHING, ITS NONE OF THAT!


$$$$$ IT'S THE MONETARY SYSTEM $$$$$
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Nobody thinks its ever the system, it must be the person/president/company!

What are we fking stupid?!?!?!

I'm telling you folks, it's the perverbial frog in the boiling water routine. drop a frog in boiling water and it'll doing everything in it's power to get out and fast. Drop it in cold water and slowly turn up the heat and it will laze around until it dies.

We are slowly having the heat turned up and before you know it, it will be too late!!!

Originally posted by Boomer1941
reply to post by DimensionalDetective

 

The Cops and Courts seem to be doing a fine job of making themselves more enemies everyday, I'll also wager some people are taking names as well, how can you respect lopsided justice like this.

You are correct. Abusive goons (be they cops, judges or other public officials) have names, adresses and families. No threat here from me. I am just pointing out what should be obvious to everyone. If you, as a public figure use your authority in a tyrannical manner to make life hell for citizens, hell may come back upon you and yours.

No one is an island unto hisself.

Be sure, you shall surely reap whatever you sow.

......................................

Well I can tell you here in Louisiana (where I do police work)the law here is it is not considered wiretapping as long as one of the parties knows they are being recorded. Its how we get away with cameras in our cars while not being required to inform the public they are being recorded. I love my camera in my car as it has helped me several times. I have had several people come in saying I was rude and cursed them trying to get out of the ticket. However once you watch my tape you see that I answer all questions and comments with yes sir/mam or no sir/mam. Makes me feel great when you make a dirt bag look like an idiot. Plus this state recently passed a law about making a false report on a police officer which is a felony. And I can promise that when someone tries to destroy my job and credibility and I have the means to prove it 100% false I WILL and have pursed that charge to the FULLEST extent!

As far as the court room recordings go that judge is right in ordering it off. And I personally think this idiot should get a few days in jail (not 75 years though geeze!). When you go into any court room here there are signs everywhere telling you it is a federal offense to record the procedures and if you are stupid enough to violate that then you should get all the time they can give you. How would you feel if you were in court with your child testifying to some awful crime such as rape or murder witness and you found out someone that has no right to that information was recording it for unknown reasons. I bet you would be blowing your top! This law is to protect you and the defendant. It is no way intended for the judges protection. If you want a copy of what transpired you can get a copy of the court transcript after the trail as it is all public record!