Don‘t Shoot: Police Privacy and Accountability in the Digital Age

This paper examines how technological developments in widely used recording devices and social networking sites have impacted scrutiny of police action. ―Police brutality‖ videos are becoming a popular trend on the internet, but various anti-wiretapping statutes have been interpreted to make such recordings illegal. Several case studies will be used, with a focus on Anthony Graber. Twelve states have strict anti-wiretapping statutes, three of which (Massachusetts, Illinois, and Oregon) are notably strict. This paper evaluates the constitutionality of these laws by looking to existing case law, as well as the First and Fourth Amendments of the U.S. Constitution. In light of First Amendment free speech protections, the anti-wiretapping statutes of the three states in question should be illegal; however, this paper will also explore the specific problems presented by video-sharing websites like YouTube to determine when and why police officers do have privacy rights that outweigh constitutional guarantees to free speech.