2010-08-02

Can citizens in Maryland record police? Asst. AG McDonald says in most cases they CAN

From the Sun, via NPR

Marylanders appear to have the right to record interactions with police officers with devices such as video cameras and mobile phones, according to an opinion by the state attorney general's office. The advisory letter was issued as several people face or have been threatened with criminal charges for taping police.

It's unlikely that most interactions with police could be considered private, as some law enforcement agencies have interpreted the state's wiretapping act, wrote Assistant Attorney General Robert McDonald. The conclusion is based on prior rulings and opinions of courts in other states.

Del. Sandy Rosenberg:
[The opinion] makes the point that there is no reasonable expectation of privacy when a police officer arrests a citizen, which makes it perfectly legal for a citizen to videotape or have an oral record of the arrest
Good!

The caveat:
The opinion does not carry the weight of law but is meant to guide judges and state agencies.

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