Brian D. Kelly didn’t think he was doing anything illegal when he used his videocamera to record a Carlisle police officer during a traffic stop. Making movies is one of his hobbies, he said, and the stop was just another interesting event to film.
Now he’s worried about going to prison or being burdened with a criminal record.
Kelly, 18, of Carlisle, was arrested on a felony wiretapping charge, with a penalty of up to 7 years in state prison.
His camera and film were seized by police during the May 24 stop, he said, and he spent 26 hours in Cumberland County Prison until his mother posted her house as security for his $2,500 bail.
Kelly is charged under a state law that bars the intentional interception or recording of anyone’s oral conversation without their consent.
Interestingly enough the cops were filming and audio recording them from the cruiser cam, which is perfectly legal due to a loophole for cops.
First Assistant District Attorney Jaime Keating said case law is in flux as to whether police can expect not to be recorded while performing their duties.
“The law isn’t solid,” Keating said. “But people who do things like this do so at their own peril.”
That sounds pretty ominous and really what is it they always say, if you aren’t doing anything wrong you shouldn’t have anything to hide.
Guess that only applies to those not wearing a badge.