- Posted December 15, 2011
- Tweet This | Share on Facebook
Can citizens use cellphones to record cops?

Joining 1st Circuit, Oregon Appeals Court Says Yes
By Martha Neil
American Bar Association
A Florida man is being held in the Palm Beach County Jail in lieu of $4,500 bail for allegedly recording officers on his iPhone after a traffic stop. Carl Paul, 21, of Pompano Beach, who was described by arresting officers as ''belligerent,'' is charged with illegal interception of communication for violating the state's two-party consent law with his claimed recording, reports the Palm Beach Post.
Meanwhile, on the other side of the country, the Oregon Court of Appeals held that a 33-year-old man's criminal conviction for doing the same thing should be reversed.
The court reasoned in its Oct 26 opinion that because a Eugene police officer informed Shane Michael Neff that he was being recorded on the patrol car's camera, there was no need for Neff to announce to the officer that he was using his cellphone to document the encounter.
''It's about whether people should have the right to record their public servants,'' said attorney Bronson James of Portland, who handled Neff's appeal. ''The whole issue is bubbling to the fore. I wouldn't be surprised to see some legislation at the next legislative session about it.''
In Boston, a lawyer arrested for filming police on his cellphone as they arrested someone else won a federal appeals court victory earlier this year concerning his right to bring a false arrest suit. (Criminal charges against Simon Glik were eventually dropped, and his civil suit against the police is ongoing.)
The ruling in August by the 1st U.S. Circuit Court of Appeals in Glik's case is the first by a federal appeals court to recognize a clear First Amendment right to record police, recounts the Recorder.
An American Civil Liberties Union press release about the 1st Circuit ruling provides further details.
A Chicago woman was acquitted In August, after a jury trial, on felony eavesdropping charges she was slapped with after recording internal affairs officers who, she says, were trying to talk her out of filing a sexual harassment complaint against a cop, the Chicago Tribune reported at the time.
Published: Thu, Dec 15, 2011
headlines Ingham County
- MSU Law Moot Court team of two 3L students emerges national champions at First Amendment Competiton in D.C.
- MSU Law captivated by prominent Harvard professor analyzing artificial intelligence
- OWLS Meeting
- Advocate: Former insurance pro studies in Dual JD program
- Man with disabilities settles accessibility lawsuit
headlines National
- Wearable neurotech devices are becoming more prevalent; is the law behind the curve?
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- How will you celebrate Well-Being Week in Law?
- Judge rejects home confinement for ‘slots whisperer’ lawyer who spent nearly $9M in investor money
- Lawyer charged with stealing beer, trying to bite officer
- Likeness of man killed in road-rage incident gives impact statement at sentencing, thanks to AI