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Apple's 'Voice Memos' app, which comes pre-installed on the iPhone, is one example of a smartphone app that allows users to record audio.
SPRINGFIELD — A Chicopee woman charged by Springfield police under the state's wiretapping laws for allegedly using her smartphone to record audio of her arrest early Sunday morning was released on personal recognizance at her arraignment Monday morning.
Karen Dziewit, 24, of 26 Kontiki Cir. appeared in Springfield District Court Monday, where she denied charges of disorderly conduct, carrying an open container of alcohol and unlawful wiretap. A pretrial hearing was set for July 8.
A spokeswoman for the office of the Hampden County District Attorney said Dziewit was told to report for arraignment on Tuesday. A reporter and photographer for The Republican / MassLive.com who arrived at the Hampden Country Hall of Justice to cover the arraignment were told the hearing would not be held during Monday's sessions.
But, the spokeswoman said, court officials went ahead with the arraignment when Dziewit, who is being represented by attorney Dennis Powers, showed up at the courthouse anyway.
According to city police, Dziewit was arrested while drinking on Chestnut Street early Sunday morning. Prior to being taken into custody, police said, she activated an audio recording app on her smartphone. Police discovered the phone, with the recording feature still engaged, during the booking process, which triggered the unlawful wiretap charge.
Massachusetts law prohibits the recording of audio without the consent of the person being recorded.
Some police departments have cited the statute in arresting individuals for recording video of arrests, arguing that the audio components of the video recordings were made without the consent of the officers. In the case of Boston attorney Simon Glik — who was arrested for using a cell phone to shoot video of an arrest on the Boston Common — the U.S. Court of Appeals for the First Circuit ruled that the First Amendment protects the right of individuals to record video of police at work in a public place.
Glik eventually won a $170,000 settlement against the city.
This is a developing story. Updates will be posted as our reporting continues.