Declan, Here's an AP article which appeared in the Boston Globe Friday. http://www.boston.com/news/daily/13/police_recording.htm The Mass. Supreme Court essentially says that it is illegal wiretapping to secretly videotape police officers harassing someone during a traffic stop. Wonder if using a film camera would also be wiretapping? -- John Albino mailto:jalbino@jwalbino.com ********* The opinion is here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=sjcslip/8429&invol=1
GREANEY, J. This case raises the issue whether a motorist may be prosecuted for violating the Massachusetts electronic surveillance statute, G. L. c. 272, § 99, for secretly tape recording statements made by police officers during a routine traffic stop. A jury in the District Court convicted the defendant on four counts of a complaint charging him with unlawfully intercepting the oral communications of another, in violation of G. L. c. 272, § 99 F. The defendant appealed, and we granted his application for direct appellate review. We conclude that G. L. c. 272, § 99, strictly prohibits the secret electronic recording by a private individual of any oral communication, and makes no exception for a motorist who, having been stopped by police officers, surreptitiously tape records the encounter. Accordingly, we affirm the judgments of conviction. [...]
During the course of the stop, which lasted approximately fifteen to twenty minutes, the defendant and his passenger, Daniel Hartesty, were ordered out of the automobile, and Hartesty was pat frisked. One officer reached into the automobile, picked up a plastic shopping bag that lay on the floor by the passenger seat, and looked inside. (The bag contained compact discs.) At one point, the defendant stated that the stop was "a bunch of bullshit," and that he had been stopped because of his long hair. One officer responded, "Don't lay that shit on me." Later, another officer called the defendant "an asshole." The defendant was asked whether he had any "blow" (cocaine) in the car. [...]
********* The text of the statute is here: http://www.state.ma.us/legis/laws/mgl/272%2D99.htm
Except as otherwise specifically provided in this section any person whoª willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral ommunication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.
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