Only in Massachusetts (settled case law) and Illinois (where the law was rewritten to make this crystal clear, however it hasn't yet been tested in the courts). The executive side of Maryland is split on this (charges are being brought at the local level while the state AG says it's bunk) and it hasn't been tested in the courts there.
In other states where this (too) frequently happens like Pennsylvania the locals get reliably slapped down when they try it.
Actually, in Massachusetts it's only illegal to secretly record a police officer. Openly recording a police officer, with your cell phone for instance, is fine, with several cases setting precedent.
Of course, given the precedent here, it sounds likely that you will get arrested and your phone confiscated, and have to spend several months fighting your arrest in court. But there are several recent cases that were overturned because the recording was done openly with a cell phone, rather than secretly.
I can't speak to other states. It will vary by states, and in most cases, you may be arrested and your phone confiscated until you fight it in court. Have your local ACLU phone number handy.
Just to be clear on this as well. In MA dual-consent is only required when one party has a reasonable expectation of privacy. That's been extended to include secretly taping someone in public (if the camera is hidden, the other party has a reasonable expectation of privacy). In a public place you can record to your hearts content.
This whole thing is about whether or not police have a right to privacy during their work. I think when this finally hits a court of note that it will be smacked down pretty hard. Courts have already found, for instance, that there is no reasonable expectation of privacy during a traffic stop for the person being stopped. Officers are now attempting to claim that privacy right for themselves, and it seems REALLY unlikely that they will succeed in doing that.
*note: I run a business that (as part of what we do) records phone calls, so we've had to deal with some of these issues. I'm not a lawyer and probably not exactly an expert.. I just know enough to be pretty damn dangerous:)
I think when this finally hits a court of note that it will be smacked down pretty hard. Courts have already found, for instance, that there is no reasonable expectation of privacy during a traffic stop for the person being stopped.
The issue already hit the SJC (Commonwealth v. Hyde has indicated in lambda's link) and they ruled for the officer.
Yeah, as I understand it, the law in question in MA is targeted at any interaction, not specifically those that involve police. All else being equal, both parties deserve to know that recording is happening.
"This call may be recorded for quality assurance", right?
If you're trying to capture police misdeeds on camera, then asking for the approval of the police, or announcing loudly to them that they are being recorded seems to miss the point. If anything, the police should have less of an expectation of privacy (in their job) than a normal person. We've armed them and given them the discretion to kill if necessary, why shouldn't we be able to heavily audit them to make sure that they aren't abusing that power?
You surrender a lot of your rights when you join the military, why should the police force be any different? We arm and train them in practically the same manner.
I'm pretty sure the law in question also has clauses about reasonable expectation of privacy. If you're on the phone, that's one thing, if you're in a public place, that's another.
I'm not saying that the police have any more right to demand someone turns their phone off in a public place than anyone else.
But the laws that do exist actually create protection of civilians from police -- otherwise they could surveil you at will. Just a funny point we've reached, is all.
Ah, so it is "legal" to video an officer only under circumstances where the officer can and will "legally" prevent you from doing it and make your actual actions moot... yes... sounds quite congruent with the laws of Iran or the former Soviet Union.
Perhaps once people start using cameras with live feeds... they'll make it completely illegal.
Go figure.