Electronic devices, with their ability to record audio and video, are ubiquitous in our society. As the following case demonstrates, Massachusetts residents need to be wary when recording events around them to ensure that they are not guilty of violating the commonwealth’s wiretapping laws.
The Facts of the Case
The incident in question started early on a recent Sunday morning in Chicopee, MA. A woman was drinking outside of her apartment building on Chestnut street and causing an irritation. A call was placed to the police, who arrived just before 2 A.M. According to the police report, the Chicopee woman was screaming, yelling, and disturbing tenants of her apartment building. When police asked her to stop she refused. When the woman would not calm down police placed her under arrest.
An interesting twist to this incident is what the Chicopee woman did with her smartphone. Before being taken into police custody the woman turned on the voice recorder of her smartphone and placed it in her purse. She left the voice recorder on during her confrontation with police and ended up recording the audio of her arrest. When police booked the woman at the police station and searched her purse they found the smartphone actively recording.
In addition to charging the Chicopee woman with disorderly conduct and having an open container of alcohol, police charged the woman with illegal wiretapping.
The Crime of Wiretapping in Massachusetts
The Commonwealth of Massachusetts has some of the most stringent wiretapping laws in the nation. In Massachusetts it is a crime to secretly record a conversation, whether the conversation is in person, over the telephone, or by any other medium. This law is often referred to as a “two-party consent” law, because both parties to a conversation must consent to having the conversation recorded for the act of recording to be legal. Thus, you must inform all parties to a conversation that the conversation is being recorded. If a person does not wish to have themselves recorded, it is up to them to leave the conversation.
This law applies to audio recordings as well as video recordings. In one case, police charged a political activist with violating this wiretapping statute when he secretly captured video of Boston University police during a political protest. Even though the activist recorded the police in a public place, he still faced charges of illegal wiretapping.
Punishment for Wiretapping
Those who are convicted of illegal wiretapping face some steep penalties. Wiretapping is considered a felony in Massachusetts. Defendants charged with the crime of wiretapping may face up to five years in prison and up to $10,000 in fines.
Getting Help When You Face Criminal Charges
If you have been charged with the crime of illegal wiretapping, it is critical the you speak with an experienced criminal defense lawyer right away. Edward R. Molari, Attorney at Law, has years of experience successfully helping defendants charged with wiretapping crimes. Mr. Molari can help you understand your rights, provide sound legal advice, prepare you for trial, and defend you in court. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.
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