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May 17th, 2011, 04:02 PM #2001
Re: Arrested by the Philadelphia Police for Open Carry
WHERE IS THE CASELAW about taping the police being legal? I need to send an email to T.C. - I still have her email address and I want to know why they don't screen the idiots out of their caller line! I need that caselaw to back myself up.
NEVER MIND, I got it
Commonwealth v. Henlen, 564 A.2d 905 (Pa. 1989), where Henlen, a prison guard at a county jail, was suspected of stealing the personal property of an inmate. During an interrogation by state police at Henlen’s work site, Henlen secretly recorded the conversation with the intent of using it as evidence in a
harassment claim he would later file against the police. Henlen’s argument was similar to that of the Commonwealth in Myers: the conversation was not an “oral communication” protected under the Wiretap Act since the trooper had no reasonable expectation of privacy while he was acting in his official capacity during the interrogation of a suspect.
Do you guys check the credentials of your callers before letting them spout lies?
"Surruptitiously recording" a police officer is NOT illegal, when they are acting in their public duties. Case law from Commonwealth v. Henlen (564 A.2d 905 (Pa. 1989)) clearly establishes that the police have no expectation of privacy and therefore recording them while they are acting in their official capacities is entirely legal. If recording the police in this state is illegal, then every police department that uses a DashCam in their car to record any interaction with anyone they pull over without first telling them that they're recording is also a felon. That's a LOT of criminals wearing badges!
You know, I never have a problem with someone disagreeing with my opinion. Everyone has one, and everyone has their right to it. But when you go on the air and let people spout misinformation as if it were fact, then rally behind him and tell your listeners that someone who is trying to protect themselves and exercise their rights is a felon and should be locked up, you're just as much a part of the problem as the ignorant officers involved in incidents like these who are ignorant of the laws they are trying to enforce.Last edited by ViperGTS19801; May 17th, 2011 at 04:11 PM.
Junior
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May 17th, 2011, 04:05 PM #2002
Re: Arrested by the Philadelphia Police for Open Carry
In Smerconish's defense...he has stated several times he doesn't know the legalities of the situation....he is relying on the callers to school him...
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May 17th, 2011, 04:07 PM #2003
Re: Arrested by the Philadelphia Police for Open Carry
"I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
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May 17th, 2011, 04:07 PM #2004
Re: Arrested by the Philadelphia Police for Open Carry
Si vis pacem, para bellum
A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud
Proud to be an Enemy of The State
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May 17th, 2011, 04:08 PM #2005
Re: Arrested by the Philadelphia Police for Open Carry
Viper,
Quick question, on the recording it sounds like some one was tossing the recorder around. Were the police trying to break the recorder or trying to turn it off?
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May 17th, 2011, 04:16 PM #2006
Re: Arrested by the Philadelphia Police for Open Carry
Here's another one for ya Mark, I posted it in this thread a few pages back yesterday and had to go looking for it.
specific exemption to the Wiretapping Act 57 PA. C.S. 5703(1)for recording police officers performing their official duties that was granted by the PA Supreme Court. The reasoning being that police officers have no reasonable expectation of privacy in the oral communications.
Agnew v Dupler 717 A.2d 519, 523 (PA 1998)Si vis pacem, para bellum
A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud
Proud to be an Enemy of The State
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May 17th, 2011, 04:20 PM #2007Active Member
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Re: Arrested by the Philadelphia Police for Open Carry
The cases are Kelly v. Borough of Carslile, 622 F.3d 248 (3d. Cir. 2010) (U.S. Third Circuit Court of Appeals holding that a reasonable expectation of privacy is necessary for there to be a wiretap violation and covertly recording police officers is not a violation of the Wiretap Act), Agnew v. Dupler, 553 Pa. 33, 717 A.2d 519 (1998) (PA Supreme Court holding that police do not have reasonable expectation of privacy where police chief used intercom to listen in on their conversation in the squadroom), Com. v. Henlen, 522 Pa. 514, 564 A.2d 905 (1989) (Pa Supreme Court held that suspect who covertly recorded state trooper's interrogation of him did not violate Wiretap Act because trooper didn't have reasonable expectaton of privacy). Also, the ACLU recently filed a federal civil rights lawsuit against the County of Allegheny and others for filing wiretap charges against their client for taping police. The case is Matheny v. County of Allegheny et al. and it later settled. Here is an excerpt from the press release relating to that lawsuit:
It is unacceptable for police officers and other public officials to silence and punish citizens who are peaceably documenting police officers' public duties," said Glen Downey, from the law firm Healey & Hornack, P.C., who is handling the case as an ACLU cooperating attorney.
Unfortunately, many Pennsylvania law enforcement officers don't understand that the courts have said the state wiretapping law cannot be applied to punish people for recording police actions in public," continued Downey.
The lawsuit alleges University of Pittsburgh police violated Matheny's First and Fourth Amendment rights by retaliating against him for legitimately gathering information about police activities and confiscating his cell phone. It further charges that the district attorney's office has engaged in a pattern of erroneously advising law enforcement that audio taping police officers in public violates Pennsylvania's Wiretap Act.
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May 17th, 2011, 04:25 PM #2008Grand Member
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Re: Arrested by the Philadelphia Police for Open Carry
Robinson v Fetterman is another good read at Supreme Court level.
It involves videotaping and retaliation.
http://www.paed.uscourts.gov/documen...s/05D0847P.pdfThe 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.
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May 17th, 2011, 04:25 PM #2009
Re: Arrested by the Philadelphia Police for Open Carry
Viper are you famous enough for me to stalk yet?
*waiting with my binoculars, cut out magazine letters and white glue*Soldats ! Faites votre devoir ! Droit au cœur mais épargnez le visage. Feu !
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May 17th, 2011, 04:29 PM #2010
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