FOLLOWUP: Penn Wiretap Charge Dropped In Police Video Case

Wiretap charge dropped in police video case

The Patriot-News
Posted by Matt Miller
June 21, 2007 04:00AM

A case that attracted nationwide attention has ended with the dropping of a felony wiretapping charge against a Carlisle man who recorded a police officer during a traffic stop. Cumberland County District Attorney David Freed said his decision will affect not only Brian Kelly, 18, but also will establish a policy for police departments countywide. "When police are audio- and video-recording traffic stops with notice to the subjects, similar actions by citizens, even if done in secret, will not result in criminal charges," Freed said yesterday. "I intend to communicate this decision to all police agencies within the county so that officers on the street are better-prepared to handle a similar situation should it arise again."

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Kelly was arrested under a Pennsylvania law that bars the audio recording of anyone's conversation without consent. Taking pictures or filming without sound in public settings is not illegal. Brian Kelly said he spent 26 hours in the county prison after his arrest. He was released when his mother posted her house as security for his $2,500 bail. According to the police and Brian Kelly, he was arrested after a pickup truck in which he was riding was stopped by an officer on West High Street for alleged traffic and equipment violations.

Kelly said he filmed the incident and was arrested after obeying the officer's order to turn off and surrender his camera. The wiretap charge was filed after the officer consulted a deputy district attorney. The Patriot-News received more than 100 e-mails, phone calls and other communications from across the area, state and country in response to a June 11 story on Kelly's arrest. None of those messages supported the arrest, and several sharply criticized Pennsylvania's wiretap law, which is among the most stringent in the U.S.

more: http://blog.pennlive.com/patriotnews/2007/06/197281-wiretap_charge_dropped_in_poli.html