We saw a disturbing story on KITV tonight.
Some Big Island public access TV folks were, in our opinion, acting kind of jerky wanting to take some video of President Obama.
They were told to leave – and they did.
After leaving the area they were pulled over by several officers. The camera started taping again.
One officer walked up to the car and said, “Put that camera off of me”. They turned it off. A few minutes later an officer reached into the car and grabbed the camera.
Let’s get something straight. It is not illegal to video tape police.
On the mainland, with the proliferation of portable video cameras and cell-phone recorders, police are all too commonly arresting or demanding people turn them off.
They can’t do that and we don’t like seeing that here.
Here’s how the courts have looked at it.
The issue is not that recording any conversation is illegal without the other person’s consent. Especially in Hawaii where only one party has to give its consent.
It’s that recording a private conversation is illegal without consent. That distinction is important.
So then the question is, are the words of a police officer spoken on duty, in uniform, in public, a “private conversation?”
Every court that has ever considered that question has said that it is not.
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Tags: HPD