Caught On Cell Cam: What’s Allowed When It Comes to Cell Phone Recording?

According to the Pew Research Center, about 85 percent of American adults have cell phones. That number jumps to 96 percent with young Americans.

Many of the phones have video cameras in them, making it easier to just point and record whenever something interesting pops up.

But some cell phone recordings are actually landing people in legal trouble in other parts of the country.

In Maryland, a motorcyclist recorded his encounter with an undercover state trooper who pulled him over with his gun drawn.

The rider, Anthony Graber, would later post his cell phone video to Youtube.

Maryland prosecutors said that violated state law and Graber found himself facing more than a decade in prison.

The state maintained by posting the video with the audio, Graber broke Maryland’s wiretapping laws.

So could this happen in El Paso?

“Not in the state of Texas,” said El Paso Police Spokesman Darrel Petry.

In Texas, you can video tape whatever you want if it’s happening in public Petry added. But if you’re in the way of police at the scene of a crash or crime scene or if you’re impeding traffic in anyway, officers can ask you to move.

As far as audio recordings go, Texas is what’s known as a ‘one-party consent’ state, meaning if someone wants to record a conversations, such as one captured on a telephone, it is legal to do so because that person would be the one party giving consent.

New Mexico is also a one-party consent state.

In fact, only 12 states require both parties to give consent…including Maryland.

But like Maryland, posting audio along with your video could potentially land someone in legal trouble, even in Texas explained El Paso District Attorney Jaime Esparza.

“The audio is still tricky in the state of Texas because somebody has to give consent,” he told ABC-7.

So if videotaping is okay, why is it that reality TV shows have to blur some people’s faces.

Esparza said that’s because that particular individual did not give permission.

“But that’s a little different,” he added. “That’s different because even though it is a ‘reality show,’ it’s also a for-profit show.”

And what about taped fights between El Paso high schoolers? Do those break the law in Texas?

El Paso police say no.

Even if you’re capturing a crime in process, in Texas police say you’re not legally required to step in and stop it unless an officer asks for your help.

Esparza told ABC-7 he thinks the government is still trying to figure out how to keep up with the times.

“Government is just trying to understand how technology affects our daily lives and how it affects our expectation of privacy,” he said.

The ABC-7 I-Team was able to dig up court documents on the case in Maryland.

A Circuit Court Judge dismissed the wiretapping charge against Anthony Graber though he remains on the hook for speeding.