Quote:
If the audio itself is subject to public disclosure laws, which it is, then they have have no legal basis to deny the ability to monitor real time.
I would contend that if the audio itself is made available through public disclosure laws, then there is no legal requirement to allow monitoring in real time.
At least, the "Reporters Committee for Freedom of the Press" acknowledged that's the case:
"No legal right - Though access to police records varies from jurisdiction to jurisdiction — California, the District of Columbia and Vermont allow access to many police records — police are
not legally required to allow journalists or the public access to police radio communications.There is no federal law that requires public access to police radio, and unless a state’s Freedom of Information law builds a strong case for disclosure of all police records, there is little legal action that can be taken."
This was from a 2012 article discussing the increased use of total encryption in police radio systems.
If there's a more recent court decision regarding this, I'd like to hear about it.
In future radio systems around here (Puget Sound), you'll find most of the main talkgroups will be unencrypted. Some tactical ones will be encrypted. I have no problem with that - as long as the encrypted ones are recorded, and available for public disclosure in the future.
If case law eventually changes that, then so be it.
Brad.