Comments on: Photographers On-Scene: Ready for Your Close-up?

By: Rashad Lagares

Rashad Lagares — Wed, 17 Feb 2010 16:23:07 +0000

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By: cashman

cashman — Tue, 10 Nov 2009 07:09:31 +0000

great information thank you

By: Star Of Life Law

Star Of Life Law — Fri, 06 Nov 2009 15:25:14 +0000

Thanks for the kind words, Chief. Feel free to pass this post along to the guys and gals as well.

By: Mick Mayers

Mick Mayers — Thu, 05 Nov 2009 21:19:04 +0000

I shared the raw version of this story with my shift (along with the footage passed along from Dave Statter’s site) and found that there were indeed several cases of mistaken beliefs in what we can and can not do. Your article is very well written and informative (and amusing as well). This is good stuff.

By: Tom B.

Tom B. — Fri, 09 Oct 2009 20:23:03 +0000

I’m also curious to know whether or not it’s true that in SC, an emergency scene is “our property until we’re done with it.” A while back I was in class with a firefighter/LEO from Aiken and I asked him if SC had any laws like “misconduct at an emergency scene” or “failure to obey the lawful order of a firefighter.” This was in reference to a woman who was arrested in KY for sticking a camera in a wrecked car and photographing a deceased person. He said that in SC they could be charged with tresspessing because the emergency scene was again “our property” by law (so we have a right to ask people to leave the emergency scene — or perhaps in this case, to refrain from taking pictures). Could you please check into this?

Tom

By: admin

admin — Fri, 09 Oct 2009 16:54:08 +0000

Totwtytr:

As I read the SC Interception of Wire, Electronic, or Oral Communications statute, I don’t think that would apply if the Keene example happened here.

The reason I say that is that we all know that video cameras also record audio. In this case the video camera was not hidden, but was in plain view. Further, the video was recorded on a public street.

While on a public street or in a public place, you have limited to no expectation of privacy over your actions or words.The SC statute defines “oral communication” to mean “any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception.”

In my opinion, statements uttered verbally and in public carry a very limited to no expectation that they will not be “intercepted” or overheard by a third party.

I should clarify that the above is my own thoughts on the matter and my own rather limited interpretation of this portion of the statute. I have not located any SC Attorney General opinions on the matter, nor have I located any SC case law on the matter. In other words, I could be completely wrong.

But you do raise an interesting point, and it singles out a glaring hole in the current statute that remains unanswered: Does recording video with accompanying audio while on a public street violate state wiretapping laws?

I will continue to seek answers to that question and can hopefully provide an answer.

Thanks for your comments!

By: totwtytr

totwtytr — Fri, 09 Oct 2009 00:14:53 +0000

As I mentioned in my long winded comment over at Medic999’s blog, while the video recording is clearly legal, the audio recording might not be. It all depends on whether the state is a “one party consent” state or a “two party consent” state. As it happens, New Hampshire is a two party consent state. The camera guy could be in a fair amount of trouble. In some states, MA comes to mind, he could be charged with a felony and be civilly liable as well. SC is, as you know, one party consent.

None of the foregoing is legal advice or opinion, I don’t even play a lawyer on TV.

Your advice is spot on, if you ignore the camera and other stupid bystanders you’ll be able to serve the patient better.

Remember, if it feels good saying it, you probably shouldn’t have said it.

By: Beware the man with the camera!! « Medic999

Beware the man with the camera!! « Medic999 — Thu, 08 Oct 2009 21:44:32 +0000

[...] thinking if you would have acted the same way, then click here to read the legal standpoint from Star of Life (paramedic and attorney!), and also from Steve over at the EMT Spot. Their views [...]