Barskey pulled over again 2-9-09

[dalebert]

Great point Dale, but I hate to say this appears to be yet one more example of law enforcement enforcing laws on the people...and excluding themselves from abiding by them (for the peoples' protection of course).

Agreed, but would it stand up in court? Even by their own standards, police are supposed to obey laws except when they're is an explicit exception. For instance, they get an exception (a warrant) to do searches or have to have probable cause that would justify an immediate search. I see no such exception in the law to allow police to audio and video record traffic stops. And of course, I don't think such an exception is necessary because it's such a bizarre interpretation to apply the wire tapping law to a live recording anyway.

Even though it's a potential felony, I think challenging this particular absurd interpretation of a law is quite worthwhile. I've already been contemplating it myself pretty seriously.

[K. Darien Freeheart]

Even though it's a potential felony, I think challenging this particular absurd interpretation of a law is quite worthwhile. I've already been contemplating it myself pretty seriously.

This is one of those hills I'd be willing to die on. The ability to record and expose government for being aggressive thugs is perhaps the biggest reason why I believe non-violent action is viable. At the same time, I'm scared shitless of doing it.

[J’raxis 270145]

Bill up this year to nip this kind of intimidation:—
http://www.nhliberty.org/bills/view?bill=HB312&year=2009

This is important! I'm not sure if I can be at the hearing, so who should I call/email to tell that I want this bill to pass? Thanks for the help.

The members of the Committee hearing this bill. See here:—

http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26

Each of them have a profile, usually with mailing address, phone number, and email.

This bill will be supported by the NHLA, and is almost guaranteed to be on the NHLA Gold Standard when it goes to the House Floor, and on the final Report Card, too.

[J’raxis 270145]

Has anyone yet addressed the fact that, if it were a felony to audio tape someone live, and I don't think that's a reasonable interpretation of the wire-tapping law, that police are committing that felony at routine traffic stops every day? Doesn't that seriously undermine this absurd claim that it's a felony to live record someone?

The current law exempts police from it in several different ways.

[Russell Kanning]

these threads will have to start containing dates ... since it might happen every week

we could have a map with all the locations our friends have been pulled over at

[K. Darien Freeheart]

Even though it's a potential felony, I think challenging this particular absurd interpretation of a law is quite worthwhile.

The current law exempts police from it in several different ways.

The even crappier part of the law's full text is that it specifically exempts cameras capable of making an audio and video recording during routine stops. The actual name (and it could be argued, earlier intent) makes it sound like WIRETAPPING was the aim of this law, but the flow of the law seems to indicate it's been amended, and later amendments seem to classify a video camera as a device FITTING the prohibition.

I'd assume that the state WILL consider someone in violation for recording without consent.

[Mike Barskey]

Bill up this year to nip this kind of intimidation:—
http://www.nhliberty.org/bills/view?bill=HB312&year=2009

The members of the Committee hearing this bill. See here:—

http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26

Each of them have a profile, usually with mailing address, phone number, and email.

Clicking on your link, I get a page that lists "House CRIMINAL JUSTICE AND PUBLIC SAFETY" members (check the screenshot I've attached to this post). I don't see anywhere on this page that these are the people responsible for HB312. Are these the people I should be urging to support it?

Thanks for the help.

[AntonLee]

everytime this thread pops up I think Mike got pulled over again.

[Lloyd Danforth]

If that happens a date will probably be added to the title. Like: Barskey Pulled Over 3-12-09!
We could have a pool!

[J’raxis 270145]

Bill up this year to nip this kind of intimidation:—
http://www.nhliberty.org/bills/view?bill=HB312&year=2009

The members of the Committee hearing this bill. See here:—

http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26

Each of them have a profile, usually with mailing address, phone number, and email.

Clicking on your link, I get a page that lists "House CRIMINAL JUSTICE AND PUBLIC SAFETY" members (check the screenshot I've attached to this post). I don't see anywhere on this page that these are the people responsible for HB312. Are these the people I should be urging to support it?

Thanks for the help.

Yeah, the bill goes to their Committee for a public hearing. We need to sway them to send the bill to the House Floor (the whole body of Reps) with a positive recommendation.

And here is the pledge I was telling you about:—

"I will record the police without asking for their consent if HB312 is not passed by the New Hampshire Legislature, but only if 10 other activists will do the same."

The password is Winters, the name of the primary sponsor.

[bigmike]

I think someone mentioned this somewhere, but many of the cops audio and video record their encounters from the camera in the car. So are they committing a felony? The next time a cop claims I can't audio record them without their consent, I'm going to ask them if they're audio and video recording me. Then I'm going to continue recording anyway. I think the wire-tapping law has been absurdly misinterpreted to claim that you must have consent to audio record someone in person. I guess we'll find out in court sooner or later.

When they let me know that I don't have their consent to record video and audio of our "encounter" I always ask if their dashcam is recording then follow it up with them not having my consent to record either.

I like the Ridley approach to recording encounters with terrorcrats: do it anyway.

I once pointed out to a cop in a convenience store that refused to give me consent to record our conversation with my cell phone cam that the store security camera was recording our conversation, "are you going to tell the cashier to stop recording too?"

He walked away, not even realizing that the store camera probably didn't record the audio. Idiot. This was over my refusing to provide ID when buying beer, not to the cashier that had known me for years but to the cop who wondered why the cashier didn't ask for my ID.

Ahh, the perils of looking young...

[Lloyd Danforth]

Its a Bitch.....I know.

[KBCraig]

Ahh, the perils of looking young...

Its a Bitch.....I know.

Seriously, you don't look a day over 70!