Regardless of any differences I believe that recording an open conversation on the public steps of City-hall is not a criminal action.
Maryland laws on/about recording are very strict, but it plainly states that one must have "a reasonable expatiation of privacy"
A conversation in public, outside, on the steps of the Pocomoke City Hall building is about as open, and public as one could be.
Mr. Burke recorded a conversation between his wife and the Mayor on the public steps of Pocomokes City hall building. (a public setting) IMHO and should well be in the eyes of the law. This is though for the Judge and Jury to decide this November.
The Burke's were met by the Pocomoke Police with a warrant to search and confiscate all electronic equipment in their possession earlier this year, and Mr. Burke charged with wiretapping by the States Attorney Joel Todd. Mr. Burke was charged after a recording was sent by Burke to SA Todd and the MD Attorney Generals office as what Burke considered evidence of the destruction of public documents that were under the FOIA of the Burkes, Mrs. Burke was a council candidate at the time.
POCOMOKE CITY — A jury trial is scheduled on Nov. 2 for a local blogger accused of illegally recording a conversation with town Mayor Michael McDermott.
William F. Burke, a Market Street resident and publisher of pocomoketattler.com, faces a single count of wiretapping for taping a March 27 exchange between McDermott, himself and his wife Stephanie on the steps of town hall.
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