Free Talk Live

First Circuit Court of Appeals finds that a state law banning recording of police officers in public is unconstitutional

A District Court judge in Goffstown, New Hampshire has dismissed a criminal charge against a Weare man for recording his conversation with a police officer during a traffic stop. Judge Edward Tenney followed a recent First Circuit Court of Appeals decision in Boston in Glik v. Cunniffe in ruling that William Alleman was within his constitutional rights when making an audio recording of Weare Police Officer Brandon Montplaisir during the traffic stop on July 10, 2010.

The 2nd Circuit US Court of Appeals has ruled that recording an in-person conversation without the knowledge of all parties is only a violation of federal wiretapping law if the person making the recording intends to use the recording for illegal purposes. At least in the states that do not have explicit laws against recording cops, this should nullify the abuses of wiretapping laws against people recording in public.

"[I]s there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."

WASHINGTON -- A police officer can't pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday. In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the court ruled that the 4th Amendment does apply at the border, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason.

"We conclude that the carrying of concealed firearms is not protected by the Second Amendment . . ." Justice Carlos Lucero wrote on behalf of a three-judge panel of the 10th U.S. Circuit Court of Appeals. Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun.

For the fifth time in less than two months, Austin police arrested a man while video recording them in public. This time it was Joshua Pineda, 26, a member of the Peaceful Streets Project, the organization that focuses on video recording police as they interact with the public. But this time, they did not confiscate his phone, which most likely was a result of Pineda exercising his right to remain silent while incarcerated.

In an attempt to showcase our "free" democratic society the big wigs of the DNC want the police to arrest anyone seen carrying water bottles, hair spray, socks or magic markers. That's right, for the safety of the public and to maintain "Law and Order" the DNC and Charlotte, NC. public officials claim they need to stomp out free speech and socks.