Early November 2011, a twenty-one year old Florida resident was pulled over by a police officer at a traffic stop in Palm Beach County, Florida in Lantana. According to Florida criminal defense attorneys, when the man, aka Carl Paul from Pompano Beach, was caught taping police with an iPhone, he told the police that he was documenting the encounter and specifically asked for the names of the police officers involved with pulling him over.
When Paul refused to stop recording the encounter, the twenty-one year old was subsequently arrested and charged with “illegal interception of communication”. Paul was informed by the police officers that it was illegal to record that type of conversation without permission from all parties.
What Does the Florida Law State?
According to Florida criminal defense lawyers, the Florida wiretapping law is a two-party consent law; therefore, it is illegal to record or intercept with oral, wire, or electronic communication unless the consent of all parties is given. Besides criminal charges, you can also be subject to a civil lawsuit for recording a private conversation without consent.
However, in public places where there may be no reasonable expectation of privacy – or where a conversation may be overheard – these types of recordings may legally occur in Florida.
Further, in March of 2009, The Palm Beach State Attorney’s Office dropped similar charges against Tasha Ford, a Florida model who was arrested for videotaping police officers that detained her teenaged son.
Have you or someone you know been charged with a crime? Contact expert Florida defense lawyers here at Musca Law – you can reach us at 1-866-Musca-Law to arrange your completely free legal consultation.