Police Fight Cell Phone Recording: Witnesses Taking Audio Of Officers Arrested, Charged With Illegal Surveillance

Simon Glik, a lawyer, was walking down Tremont Street in Boston when he saw three police officers struggling to extract a plastic bag from a teenager’s mouth. Thinking their force seemed excessive for a drug arrest, Glik pulled out his cellphone and began recording. Within minutes, Glik said, he was in handcuffs. The charge was illegal electronic surveillance. Police charged Glik with violating the state’s wiretap law, which bans secret voice recording of communication. A Boston Municipal Court judge threw out the charges because his recording had not been made in secret. (AP February 2010)

In 1968, Massachusetts became a “two-party’’ consent state, one of 12 currently in the country. Two-party consent means that all parties to a conversation must agree to be recorded on a telephone or other audio device; otherwise, the recording of conversation is illegal. The law, intended to protect the privacy rights of individuals, appears to have been triggered by a series of high-profile cases involving private detectives who were recording people without their consent.“The statute has been misconstrued by Boston police,’’ said June Jensen, the lawyer who represented Glik and succeeded in getting his charges dismissed. The law, she said, does not prohibit public recording of anyone. “You could go to the Boston Common and snap pictures and record if you want; you can do that.’’The American Civil Liberties Union has filed a federal civil rights lawsuit February 1,  against Boston police officers who arrested a Glik for useing his cell phone to record their alleged use of force against a suspect.

Title: Police Fight Cellphone Recordings

Source: New England Center For Investigative Reporting, January 12, 2010

http://www.boston.com/news/local/massachusetts/articles/2010/01/12/police_fight_cellphone_recordings?mode=PF

Author:  Daniel Rowinski,This story was done under the guidance of BU professors Dick Lehr and Mitchell Zuckoff.
And The Associated Press State & Local WireFebruary 1, 2010,

Title: ACLU Says Cops Violated Videotaper’s Rights

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  • http://Fark.com JerryB

    Statute misconstrued by police?!?!? OMG! I’m SURE it was PURELY unintentional! ‘Cause they are Just That Stupid.

    In Dallas, cops ticketed Mexicans who couldn’t speak English after they saw a box on the form for it. The law applied to commercial drivers only. Cops…
    (BTW, typo- “a Glik”)

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  • Jeremy

    So does that “two party” law assume citizens anywhere and at all times automatically agree to be recorded by the police? Or can I safely assume the state’s actions are exempt from the laws were to be held to?

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  • http://swandiver.wordpress.com swandiver

    Having had a recent run-in with police arrogance, I have actually wondered what it would take to get a community watch system going that would follow squad cars around in areas were there are a lot of police abuse complaints.

    The problem is, after 20+ years of watching “Cops”, I fear the American people have become desensitized to police brutality.

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  • http://www.ratemycop.com Linda C

    The police in this country are out of control. They are minimally trained at best. i was surprised to learn the they only have to complete 6 months of police academy and then they are wielding a gun and after “bad guys”.

    I, like Swan diver, have experienced not only cop arrogance and harassment. It needs to be stopped! These people need to start acting like professionals and need better training!

    There is a website called http://www.RatemyCop.com where one can post comments –both good and bad–about individual cops. Maybe they will start to clean up their act.

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  • http://reducircintura.net Reducir Cintura

    Llegué a tu blog de casualidad y me gustó mucho el contenido que publicas. Me la pasé leyendo un rato largo. Ahora te añado a mi lector RSS. ¿Tienes tiempo?, date una vuelta por mi blog. Abrazo!

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  • http://camerajock.com/page/2/ Carroll B. Taylor

    These sort of digital cameras compel to me contemplate to myself, what in the world will they think of next. Whatever it is, I know my camera will be outdated before I take my first image lol.

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  • http://festinarelojes.com Festina Relojes

    Muy buen artículo. Este blog es genial, sigue así!

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