By Brian Lynch

In 2007 Simon Glik used his cell phone to video record Boston police officers punching a man on the Boston Common.  During the incident an officer approached Glik and arrested him for allegedly violating a wiretap statute that prohibits secret recordings.  The cell phone was in plain sight and the officers were aware Glik was recording the event.   In court the charges were dismissed for lacking merit.

This was not a unique case and similar incidents have occurred in which police officers have arrested bystanders who were recording police conduct.   With the assistance of the American Civil Liberties Union, Glik has since filed a civil suit against the arresting officers and the city of Boston.  ACLU attorney Carol Rose comments on the case in a blog post on boston.com, found here.  The complaint for the case can also be viewed here.

Suffolk Media Law detailed a similar incident in a blog post last year.  For analysis of the Massachusetts’ wiretap law and how it’s being applied to modern technology go here.

Photo “Hello Helio” courtesy of Flickr user CommandZed, licensed under CC BY-ND 2.0.