Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops

Posted by: bosoxmanny

Guys/Gals,

We recently had cruiser cameras installed in all of our cars. Anybody know the legal burden of needing to inform the operator that you stopped that the stop is being recorded audio and visual? I assume where this state is a two party consent state you need to let them know but just wondering if any other departments have experience?

---

Posted by: Wolfman

A person must be advised that they are being audio recorded, unless you have a "Blood" warrant.

What's even more interesting is that they put cameras in your car without any kind of training sessions on the legal aspects of recording. Way to leave your officers and department open to a mountain of liability.

Do they issue shotguns without instruction as well?

---

Posted by: MPD703

If there is audio you have to get the person to agree to be recorded or shut off the audio. As far as the video goes there isnt any problem. You can video tape them since they are out in public and dont have an expectation of privacy. What you need is some sop's that address all of this. I am sure someone on here has some go by's for a policy.

---

Posted by: LA Copper

I'm still amazed at the difference between states. Out here, there is no expectation of privacy when interacting with the police so we don't need to tell folks that they're being video and audio taped.

In fact, I've used hidden tape recorders many times over the years and have gotten incriminating statements, which have held up in court with no problem. (We also use them to save us from personnel complaints.) Same goes for in-car video. I've used them a number of times over the years with no problem as far as privacy goes.

Such a difference from here to there. Maybe some of the bigger police unions there could lobby the state to change the law.

---

Posted by: Hb13

Quote:

Originally Posted by LA Copper Such a difference from here to there. Maybe some of the bigger police unions there could lobby the state to change the law.

There is a snow balls chance in hell that this state will ever change anything to help law enforcement, alright maybe some minor things get changed to help but nothing huge.
They usually just like to hinder the law enforcements progress towards success at anything.

---

Posted by: bluesamurai22

You only need to inform them that they are being audio taped. If they don't like it you are not required to stop recording.

This goes for the public audio and/or video recording us - as long as let you know they are doing it you shouldn't try to stop them.

The key words to remember are "oral communication" and "secretly"

http://www.mass.gov/legis/laws/mgl/272-99.htm

---

Posted by: KJack815

I was on Martha's Vineyard recently and noticed that some of the Edgartown cruisers down there had dash mounted cameras. I didn't know any departments here in MA used them before I saw that. I don't know what the laws are regarding informing people they are being recorded, however I also have zero faith that Deval would ever support anything that lends to less privacy.

---

Posted by: RPD931

Quote:

Originally Posted by Wolfman Do they issue shotguns without instruction as well?

Depends where you work....

---

Posted by: BigBobo

Chapter 272: Section 99. Interception of wire and oral communications

1. Permitted interception of wire or oral communications.
It shall NOT be a violation of this section—
a. for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of such communication, or which is necessary to prevent the use of such facilities in violation of section fourteen A of chapter two hundred and sixty-nine of the general laws; provided, that said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
c. for investigative and law enforcement officers of the United States of America to violate the provisions of this section if acting pursuant to authority of the laws of the United States and within the scope of their authority.
e. for investigative or law enforcement officers to violate the provisions of this section for the purposes of ensuring the safety of any law enforcement officer or agent thereof who is acting in an undercover capacity, or as a witness for the commonwealth; provided, however, that any such interception which is not otherwise permitted by this section shall be deemed unlawful for purposes of paragraph P.
2. Permitted disclosure and use of intercepted wire or oral communications.
a. Any investigative or law enforcement officer, who, by any means authorized by this section, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents or evidence in the proper performance of his official duties.
b. Any investigative or law enforcement officer, who, by any means authorized by this section has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may use such contents or evidence in the proper performance of his official duties.

---

Posted by: resqjyw0

This thread should help:

http://www.masscops.com/forums/showthread.php?t=7930

---

vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser