Recording cops is legal, but don’t go too far
Experts warning it’s about behavior, manner with law enforcement
Wary motorists who recorded being pulled over by a rogue ex-state trooper who is still under an internal affairs investigation raise serious questions about the rights of the officer and driver.
A Herald public records request on why former Trooper Matthew Kelley was kicked off the force shows “Citizen Response Forms” filled with reports of furious drivers who say they were treated harshly.
“I am outraged at what he did, he violated my rights as a citizen and sexually harassed me,” said one heavily redacted complaint. “I have video.”
Another entry states: “Trooper Kelley snatched my nephew out of the car … I asked why … told me to not ask questions.”
Those motorists add that they’ve been “stopped before” and were treated respectfully every time by other officers.
Kelley, assigned to the gang unit, was not always dealing with choir boys, the reports reveal. But his interview on these allegations — investigated to the fullest by state police brass — was “hampered” by his sudden resignation this past June. Massachusetts State Police also hit him with a dishonorable discharge simultaneously.
He was exonerated in the traffic stops, records state.
Kelley suffered a “medical emergency” in May, and that’s the more serious case that remains open. He’s accused of “improper storage of contraband,” revealed to be narcotics, a state police spokesman has told the Herald.
As for the videos taken of him, recording your traffic stop is not illegal in Massachusetts — as long as it’s done in the open and does not put the officer, driver, or anyone else at risk.
“It’s a great idea,” said attorney Harvey Silverglate, a civil liberties and constitutional law crusader. “It has to be right out in the open and, for me, it’s an easy question. I’m a fan of openness.”
Retired Saugus police office James Scott, also an expert on identity theft, said Saturday the “behavior and manner” of any recording is the key factor.
“In Massachusetts, a citizen may not secretly record another person,” he said. “There is an exception, police can be recorded while in the public performance of their duties. A citizen can video and audio record officers in public, however they can not interfere with police operations.”
Social media is packed with police videos of all kinds and has become a hallmark of so many recent cases — from the murder of George Floyd in Minneapolis to the slaying of Ahmaud Arbery in Georgia.
But the Kelley case illustrates how even a simple traffic stop has become footage forcing both police and drivers to know the law to keep everyone safe.
Scott’s advice is to keep it predictable.
“Simply putting a phone on the dash and informing the officer about the recording would be recommended. Moving around as little as possible during a traffic stop is highly recommended and courtesy both ways goes a long way,” he said. “The difference between a verbal warning and a large fine or court appearance is often in the driver’s hands.”