Court rules police can be taped

[KBCraig]

This is only a Belknap Co. Superior Court ruling, but if it is followed elsewhere, it has great implications for Michael Gannon and everyone else threatened with felony wiretap charges over audio/videotaping police.

The significant part is in bold.

http://www.unionleader.com/article.aspx?headline=Meredith+man+claiming+misconduct+by+NH+state+trooper&articleId=74b3f11c-83b7-40c0-a2c5-8e2a6b801208

Meredith man claiming misconduct by NH state trooper

By THE ASSOCIATED PRESS

LACONIA ? A Meredith man is alleging misconduct by a state trooper involved in the arrest and prosecution of his son.

The handling of the case also may be linked to the resignation of a junior prosecutor in the Belknap County Attorney's Office who had concluded that the son's case did not warrant prosecution, The Citizen reported yesterday.

Wayne Coull, acting Belknap County attorney, denies a connection. He said that Lori Christmann, the prosecutor assigned to the case, resigned without notice on Oct. 24. Coull said her departure "" the day before a plea agreement was to be sanctioned by the court "" had nothing to do with the case.

"That's not true," Christmann, contacted at home, told the paper. She declined to comment further.

Evan Greenwald, the Meredith psychologist whose 19-year-old son, Kacey, is at the center of the controversy, has filed a complaint with the state Attorney General's Public Integrity Unit against the trooper.

In July, a county grand jury indicted Kacey Greenwald on a felony charge of "bribery in official and political matters" relating to a motor vehicle stop by a New Hampshire state trooper in April. Eventually, the charge was reduced to a misdemeanor carrying a $220 fine.

The trooper, Sgt. David McCormack, said in his report that he stopped Greenwald after his radar showed Greenwald's station wagon traveling 88 mph in a 65 mph zone near the Ashland-New Hampton town line.

Evan Greenwald said his son, who has "significant learning disabilities" and an anxiety disorder, was counting the money in his wallet to determine if he had enough to pay the fine as the trooper approached.

"We've always taught Kacey if he makes a mistake he has to clean up his messes and move on," Greenwald said.

Not understanding the potential consequences, Kacey Greenwald tried to hand the cash to McCormack, who reportedly said, "Are you seriously trying to bribe me?"

According to Evan Greenwald's complaint, the trooper threatened to take Greenwald out of the car and to assault him if he answered in the affirmative. The trooper used profanity throughout the exchange, according to Greenwald.

After McCormack took Kacey Greenwald's driver's license and vehicle registration, returning to his cruiser, Kacey called his parents on his cell phone.

Greenwald said his son was panicked. "He was convinced McCormack was going to come back to the car and assault him," Evan Greenwald said.

Evan Greenwald, his wife, and Kacey's grandparents say they could overhear how distraught Kacey was, and they recorded the conversation.

"We really thought we were about to witness over the phone an episode of police brutality against our son/grandson, and we had no other defense than to record what happened and pray for him," Evan Greenwald said.

Kacey Greenwald asked McCormack to speak with his father. The family says that McCormack repeatedly stated on the phone that he would not arrest Kacey because he was not certain the young man was trying to bribe him.

Evan Greenwald said that, during the conversation, he tried to explain his son's learning disabilities but McCormack became angry and threatened to arrest his son, and then did so.

Evan Greenwald alleges that the tape shows McCormack was out of control, angry, swearing uncontrollably, and acting totally unprofessionally.

The Greenwalds hired an attorney, Chris Carter, who argued before the court that McCormack's report misrepresented and omitted facts.

Belknap County Superior Court Judge Larry Smukler ruled that the tape could be played for a jury, saying a police officer making an arrest within earshot of a third party can have no expectation of privacy.

Smukler's ruling also shielded the Greenwald family and others from prosecution for violating the state's wiretapping law, which does not permit the recording of conversations without the permission of all parties.

The tape has not been played in court yet, and now that Kacey Greenwald pleaded guilty to the misdemeanor disorderly conduct charge, it's unclear if it will.

[citizen_142002]

A little legislative action could amend the state wiretap laws so that police can be taped in the performance of their duties. I think that would draw support, and it might not take much to actually acomplish this.

[Quantrill]

Belknap County Superior Court Judge Larry Smukler ruled that the tape could be played for a jury, saying a police officer making an arrest within earshot of a third party can have no expectation of privacy.

Kudos for Judge Larry Smukler for having some common sense...

[yamnuska]

Sounds like good news. Hopefully the filth will leave Mr. Gannon alone.

[aries]

Ruling after ruling = good

[KBCraig]

I thought that Mike Gannon registered and posted here when we were discussing his case. I couldn't find anything written by him; am I misremembering?

And speaking of... where'd Christopher King, Esq., disappear to?

If I get a chance Sunday, I'll try to call Mr. Gannon, and let him know about this development.

Kevin

[d_goddard]

I've added this useful ammo to my file on this topic.
Wednesday (ie, immediately after the election) I'll be contacting my Reps to get an LSR submitted.
The LSR will change the existing wiretap law to:
a) explicitly always allow one to record one's own residence
b) explicitly always allow one to record the police

[Quantrill]

Sorry, prolly a dumb question but what does LSR stand for?

[d_goddard]

Sorry, prolly a dumb question but what does LSR stand for?

Not dumb at all!
http://www.gencourt.state.nh.us/ie/lsrsearch/whatislsr.html

An LSR is an acronym for Legislative Service Request.  A Legislative Service Request is when a legislator makes a request for the drafting of a bill.

[error]

Huh? Exactly who do they make the request TO?

[d_goddard]

Huh? Exactly who do they make the request TO?

The office of the secretary of state, which assigns a number to each LSR and logs the title, text of the bill, and other similar details.

Once the deadline for submitting them is passed, any duplicates get coalesced, Representatives get the opportunity to co-sponsor them, and they get formal bill numbers (ie, "HB 1582") and the text is published on the NH gov't website.

At that point the New Hampshire Liberty Alliance kicks in -- we start reading all the bills and evaluating them on various criteria to establish their Liberty Score (3 gold stars for pro-freedom, down to 3 hammer-and-sickles for evil statism). We use those Liberty Scores to organize which bills most need our support, and which need to be opposed. We then drum up activism.

It's a hell of a lot of work, but it beats the hell out of sitting back and passively hoping that the government doesn't screw us too badly... and unlike in other states, our grassroots activism has had real results:
http://freestateblogs.net/victories06

[KurtDaBear]

Since government has successfully argued in various courts (not N.H., to my knowledge) after placing surveillance cameras in public places that the public should not expect privacy in public, one would expect that law enforcement would understand the same.

[error]

That reminds me, I need to get my surveillance camera project going.

[aries]

Since government has successfully argued in various courts (not N.H., to my knowledge) after placing surveillance cameras in public places that the public should not expect privacy in public, one would expect that law enforcement would understand the same.

NH has no public/traffic cameras IIRC.

Traffic ones at least. I've never spotted myself on camera in this state. Gotta say if my town got them I'd be mighty pissed.

[d_goddard]

In 2005, HB 679 would have allowed red-light cameras in any town with a population over 20,000

HB 679 was defeated -- but only after it got a unanimous "Ought to Pass" from the House Transportation Committee. You know that committee best as the one that desperately wants us to take the $3 million in "sucker money" from the Feds to implement Real-ID. Schmucks!!

This piece of statist crap was sponsored by Rep. Candace Bouchard, Concord, who is still in office 
Yet another reason why we need more liberty-lovers in Concord, and we need people like Irena -- willing and able to run.
Also another reason why we need LOTS OF PEOPLE to join the NHLA and help us fight for liberty -- issue by issue, bill by bill, to be a watchdog on every bill, every committee, every legislator, and let no piece of freedom be taken away without at least making a very PUBLIC fight!