You Know, When a Law Professor

DOESN’T SEEM TO KNOW about the law, what hope have We the Mere Little People? Glenn reports:

“The ACLU today filed a federal lawsuit against Allegheny County and University of Pittsburgh police, alleging that officers arrested a Pittsburgh man for using his cell phone to record an interaction between officers and one of his friends. Elijah Matheny, of the Hill District, was arrested on April 29 and charged with violating Pennsylvania wiretapping laws. Police said he recorded an incident without officers’ permission.”

— Paula Reed Ward, Pittsburgh Post-Gazette

Then goes on to say, quite correctly:

That’s because you don’t need officers’ permission to record their activities in public.

BUT… then veers into the other lane…

Such arrests should be federal crimes, enforceable by private prosecution, and punishable by tarring and feathering. Cold tar for the first offense …

Glenn, such arrests are federal crimes, under 18 USC 242. Which goes like this:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

And it says right here, CAPITAL federal crimes under certain circumstances.

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