Man faces jail for YouTube video of traffic stop | Technically Incorrect - CNET News: "The wiretap argument enjoys an interesting logic: that the audio part of a conversation between a police officer and a suspect is private, and therefore, according to laws in certain states, both parties have to agree to any recording.
However, traffic stops don't really seem all that private. Indeed, they often cause traffic congestion as rubberneckers slow their vehicles to take in the action. So one wonders just how sturdy that argument might appear in any eventual court case.
And then there's the police highly technological penchant for dashboard cams. Don't they make TV shows out of the footage? Is the logic really that the police can film anything, but the public can't?"
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