Dear Mahatma: A scene in a TV program has me wondering. Is it illegal to record an interaction with a law enforcement officer? In the scene, a teen found himself under arrest for recording the audio when he was stopped for a traffic violation. If I hit record on my iPhone when stopped, am I breaking the law? -- Audiophile
Dear Audio: You have asked this question of a man with a law degree. So what if it comes from the Internet? That certificate cost $10!
We have dug up three sources that shed light, either directly or indirectly. We will now take facts out of context and confuse the issue.
The first is a writing of the American Civil Liberties Union of Pennsylvania, which says that taking photographs and videos "of things that are plainly visible from public spaces is your constitutional right. That includes federal buildings, transportation facilities, and police and other government officials carrying out their duties."
And: "When in outdoor public spaces where you are legally present, you have the right to capture any image that is in plain view." News photographers have known this for a long, long time.
Are audio recordings different? The ACLU says Pennsylvania law makes it illegal to record private conversations without the consent of all parties, although conversations with police in the course of their duties are not private conversations.
In Arkansas, a statute -- Arkansas Code Annotated 5-60-120 -- says it's unlawful to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess such a recording "unless the person is a party to the communication."
Common sense says a driver who is stopped by police and uses an iPhone to record the communication is certainly a party to that communication.
Onward to a legal opinion of the attorney general's office here in Arkansas. The opinion, dated Jan. 24, 2014, regards the right of citizens to photograph city, state and county officials. Our understanding of this opinion is that citizens have a qualified right to videotape in public. The qualification? The action must not obstruct governmental functions.
Onward to a civil lawsuit filed in 2013 by a resident of Fort Smith who alleged his First Amendment right to freedom of speech was violated when he was "physically knocked to the ground, kicked, humiliated, handcuffed, arrested and jailed and from whom personal property was illegally seized, solely as a result of his taking an image of police activity while in a public place adjacent to a city street."
The suit was filed against the Sebastian County sheriff and a deputy. The citizen won a judgment of $40,000.
Conclusion: Hit that record button, but don't obstruct the officer in the performance of his work.
Smarter opinions now welcome. As always.
Vanity plate seen on a Nissan Xterra: XFACTOR.
Metro on 07/25/2015