Arrested for Videotaping

[Hoss]

Can anyone point me toward Oklahoma's laws regarding privacy, photography, and taping?  I looked through the OSCN search function last night, but didn't find much.

When I first started shooting with the DSLR (D40), I was trying to make sure I was remaining within the confines of the law.  I started reading this guys' articles at USA Today.  Very helpful indeed for such questions (as it relates to photography; I'll let the lawyers answer regarding recording of phone conversations and open conversations.

[Ed W]

During a brief foray into journalism, I asked an attorney about audio tape, telephones, and public encounters.  He said that in Oklahoma, there's no obligation to inform the other party that he may be recorded.  That requirement varies by state.  Some require consent before taping is legal. Dunno how that works if a phone call crosses a state line.

Note too, that some cops charge videographers with bogus wire tap charges.

[patric]

Here's a statute pertaining to taping/recording of conversations.

13 O.S. § 176.4[Emphasis added]. 13 O.S. § 176.2(9) prescribes: "'Intercept'" means the aural acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device"

That's pretty much an eavesdropping or wiretapping statute, and wouldnt dovetail into a situation where you are photographing on your own (or public) property.

Back in Rochester, it's not helping the cop's position that they lied on the police report
http://www.democratandchronicle.com/assets/pdf/A2176229629.PDF
by saying the traffic stop involved three known gang members when there was only one person stopped.

The footage clearly shows one of three police officers turning his back on a handcuffed suspect to walk onto Good's property and accuse her of compromising his safety. The video also reveals only a driver and no passengers in the detained car, but the Rochester police report states that three members of the "Chalkem South" gang, known for "drug sales, guns and violence," were pulled over.
http://www.takepart.com/news/2011/06/29/5-things-you-need-to-know-cameras-and-cops



It was interesting that they have a special, pre-printed form just for "Obstructing Governmental Administration" as if they anticipate using that charge a lot.

[guido911]

That's pretty much an eavesdropping or wiretapping statute, and wouldnt dovetail into a situation where you are photographing on your own (or public) property.

I was responding to a general request for information. Got it?

[patric]

When I first started shooting with the DSLR (D40), I was trying to make sure I was remaining within the confines of the law.  I started reading this guys' articles at USA Today.  Very helpful indeed for such questions (as it relates to photography; I'll let the lawyers answer regarding recording of phone conversations and open conversations.

I've found this useful:
http://www.krages.com/phoright.htm
Something you should carry in a camera bag, and it's from a real genuine attorney!

Nikon D40, good low-light camera.

[sauerkraut]

If she does not beat that rap she'll have a criminal record that will follow her..

[sauerkraut]

I've found this useful:
http://www.krages.com/phoright.htm
Something you should carry in a camera bag, and it's from a real genuine attorney!

Nikon D40, good low-light camera.

I heard about that card but the laws change in every state & city. What may be ok in one state is a serious crime in another.

[Hoss]

I heard about that card but the laws change in every state & city. What may be ok in one state is a serious crime in another.

OK, Towny...my turn with the facepalm or should you?

[custosnox]

I heard about that card but the laws change in every state & city. What may be ok in one state is a serious crime in another.

Your actually one of those people that just post stupid stuff on forums just to get reactions out of people, aren't you? 

[sauerkraut]

Your actually one of those people that just post stupid stuff on forums just to get reactions out of people, aren't you? 

What is incorrect  or stupid  about that? Every state and city has it's own laws when it comes to recording either video or wire tapping. In one state you can record phone calls on the sly in another state you may not, the other person has to be informed. A one size fits all "photo card" won't protect you. In many cases if you film in public you need to the persons permission if you can make that out, but there are exemptions.

[Hoss]

What is incorrect  or stupid  about that? Every state and city has it's own laws when it comes to recording either video or wire tapping. In one state you can record phone calls on the sly in another state you may not, the other person has to be informed. A one size fits all "photo card" won't protect you. In many cases if you film in public you need to the persons permission if you can make that out, but there are exemptions.

WINNING!  You just proved his point.

[custosnox]

What is incorrect  or stupid  about that? Every state and city has it's own laws when it comes to recording either video or wire tapping. In one state you can record phone calls on the sly in another state you may not, the other person has to be informed. A one size fits all "photo card" won't protect you. In many cases if you film in public you need to the persons permission if you can make that out, but there are exemptions.

Try again.  First off, the laws on "wire tapping" and so forth comes down to admissability as evidence, or invasion of privacy.  remember, what applies to the government is not always the same as what applies to an individual.  In public places you have no expectation of privacy, and this info sheet is based on that idea.  If you really think that if you have to have permission to photo someone in a public place, than perhaps you should try convincing the paparazzi of that.

[nathanm]

If it's not news, you have to have permission to use a person's likeness for financial gain. A person cannot (legally) stop you from taking their picture and decorating your house with it or whatever, though. That's not to say that plenty of folks won't happily sign a model release if you look like a pro, though.

[patric]

The simpler route:
Your first and fourth amendment rights dont vary from state to state or city to city.

[patric]

The night the prosecutor determined the charge was bogus, police arrested another man who was videotaping an arrest for jaywalking.

http://www.cnn.com/video/#/video/crime/2011/07/16/candiotti.ny.eyewitness.cnn?iref=allsearch

The irony:  Police say they caught him jaywalking on video.