Please confirm or refudiate

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  • ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    I have heard rumors that there is a law on the books in Maryland prohibiting filming of police officers during traffic stops and other routine interactions. Can anyone confirm that by forwarding a COMAR cite? Assuming this is true, how would this play out if/when MD law enforcement is issued body cameras? Seems like both parties SHOULD have a right to record interactions for their own protection.
     

    FGT1958

    Active Member
    There was a statute prohibiting audio recording without permission, but that was determined not to apply to video and audio recording so long as the individual doing the recording is not breaking other laws, such as trespassing. IANAL tho.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    There is no such law, this stems from the misunderstanding of the two person recording law for recording conversations. There was a guy arrested for reckless driving on a motorcycle on RT 50, when he was pulled over, he recorded it and was charged with something stupid with regards to the recording. The judge threw the charge out stating that LEO in public and on duty have no expectation of privacy and can be recorded.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,092
    Point of info:

    COMAR is the Code of Maryland Regulations, which are the compiled regulations adopted, enforced, and repealed by administrative agencies pursuant to statutes that authorize the agencies to do so. http://lib.guides.umd.edu/c.php?g=326466&p=2197150

    The statutes themselves are enacted by the MD General Assembly, signed by the Governor (or overridden over his veto), and codified in the Maryland Code (MD Code or MD Code Annotated).
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    There is no such law, this stems from the misunderstanding of the two person recording law for recording conversations. There was a guy arrested for reckless driving on a motorcycle on RT 50, when he was pulled over, he recorded it and was charged with something stupid with regards to the recording. The judge threw the charge out stating that LEO in public and on duty have no expectation of privacy and can be recorded.

    I have learned that when I put my cell phone in my shirt pocket the lens is in a perfect position to discretely record.

    Wonder what would have happened to that fellow dragged off the United flight if cell phone video was not available to refutify the initial LE assertion that the passenger was belligerent.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,992
    Eastern shore
    I have learned that when I put my cell phone in my shirt pocket the lens is in a perfect position to discretely record.

    Wonder what would have happened to that fellow dragged off the United flight if cell phone video was not available to refutify the initial LE assertion that the passenger was belligerent.


    Watcha plannin bro?
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    Watcha plannin bro?

    I just want to be left alone. I'm planning nothing but my own self preservation. I was raised to believe that one should always comply with LEO instructions. Never imagined that I might be placed in a position of needing the ability to parse whether an "instruction" by said LEO is legal.

    Was also raised to believe that Beaver was the result of a good dinner and a pipe shared between Ward and June. :shocked3:

    Aaah, the good old days
     

    lee2

    Banned
    BANNED!!!
    Oct 8, 2007
    19,012
    I just want to be left alone. I'm planning nothing but my own self preservation. I was raised to believe that one should always comply with LEO instructions. Never imagined that I might be placed in a position of needing the ability to parse whether an "instruction" by said LEO is legal.

    Was also raised to believe that Beaver was the result of a good dinner and a pipe shared between Ward and June. :shocked3:

    Aaah, the good old days

    One of the dirtiest quotes from a 50s sitcom: June "Ward you were a little hard on the Beaver last night."
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    Ward: Fine. YOU ride the little prick next time.

    You realize, the reason why June always wore a huge string of pearls was because Ward got pissed at her one day and took after her with a straight razor. :lol:
     

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