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He allegedly recorded talk

BUFFALO TWP — A Buffalo Township man is jailed on a felony charge after he allegedly refused to stop audio recording his conversation with a police officer.

According to court records, the incident started at about 3:47 p.m. on Wednesday when Buffalo Township Police Officer Patricia Fowler saw the defendant, 31-year-old Marcus A. Fair, driving a Mercury Mountaineer on North Pike Road.

The officer reportedly recognized Fair as someone whose driver's license has been suspended. She pursued and stopped the defendant's vehicle and asked him to provide his driver's license, proof of insurance and vehicle registration, according to court records.

Fair, according to court records, questioned why he was stopped and the officer told him that it was because she recognized him.

The defendant allegedly responded that his driving privileges had recently been restored, but he did not have the license, registration or insurance card with him. Court records state the officer then confirmed with emergency dispatchers that the defendant's registration had expired in January.

As she was talking, the officer noticed the defendant had his cell phone on his thigh and was using it to record the conversation.

The officer, according to court records, told the man that he did not have permission to tape her and repeatedly asked him to stop. The officer, according to court records, took the phone, turned off the recording, arrested the defendant and had his car towed.

Fair is charged with intercept communications, a third-degree felony, as well as a misdemeanor count of making false reports to law enforcement, and a number of summary violations including driving without a license, driving with a suspended license and a registration violation.

---- Fair, who also is awaiting trial on an unrelated accusation of simple assault, is jailed on the new case unable to post $10,000 bail. His preliminary hearing is scheduled for Wednesday before District Judge Sue Haggerty.

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