1st Circ. Says Mass. Recording Ban Doesn't Apply To Police

Law360 (December 15, 2020, 11:29 PM EST) -- The First Circuit on Tuesday held that police discharging their duties in public can be secretly recorded, upholding part of a lower court order that struck down Massachusetts' sweeping ban on surreptitious recording but refused to nix the law in its entirety.

In a 72-page opinion, the three-judge panel, which included retired U.S. Supreme Court Justice David H. Souter, found that a federal judge got it largely right when she said citizens should not face criminal charges for recording police officers in public, even if the officers are unaware they are being recorded. 

"A citizen's audio recording of on-duty police officers'...

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