Legal Question in Telecomm Law in Massachusetts
Videotaping/Audio recording police officers
In Massachusetts: is it legal to videotape police officers on duty? Making an arrest? Do they have the right to tell me to stop taping them? Do they have the right to arrest me for disorderly conduct if I disobey their order?
2 Answers from Attorneys
Re: Videotaping/Audio recording police officers
You can video record to your hearts content. You cannot make an AUDIO recording; it is a criminal offense and the courts have prosecuted people for making audio recordings of police officers even when the recordings provided clear and convincing evidence of police misconduct.
Re: Videotaping/Audio recording police officers
The first answer you received is accurate. I would also add that the police have the right to control any crime scene or the scene of an arrest. However, if they felt that you were interfering simply by videotaping at a distance they could not charge you. Your response to their orders however are probably what they are charging you with. Disorderly conduct cases are highly triable under the worst of circumstances. In your case there sounds like there is a lot to work with including the violations of your rights.
Dan Maloney
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