Wednesday, November 2, 2011

Can Citizens Record Cops on Cell Phones? Joining 1st Circuit in Mass., Oregon Appeals Court Says Yes



http://ow.ly/7gxF5

An article by Martha Neil published by the ABA Journal on the abajournal.com website.

This article discusses recent arrests made of people using cell phones to record police activity, and mentions three states (Florida, Oregon and Massachusetts) in which such incidents have recently occurred.  In addition, the article mentions a voice recording incident that took place in Illinois as well.

According to the article, courts in Massachusetts and Oregon have held that the individual has a right to use a cell phone to record the actions of the police. The author writes, "Because a Eugene police officer had told Shane Michael Neff that he was being recorded on the patrol car's camera, there was no need for Neff to announce to the officer that he was using his cell phone to document the encounter the court held in an Oct. 26 opinion.(A link to a PDF of the opinion reversing the conviction is included in the article)

"It's about whether people should have the right to record their public servants," said attorney Bronson James of Portland, who handled Neff's appeal. "The whole issue is bubbling to the fore. I wouldn't be surprised to see some legislation at the next legislative session about it.""

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