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Subject: Is it illegal to record a police officer?
Posted by: Frick
- [8547220] Wed, Jun 02, 2010, 21:47
Gizmodo
I can't believe that some of these cases have been upheld by courts. |
1 | Perm Dude
ID: 5510572522 Wed, Jun 02, 2010, 21:56
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Crazy how it is being applied.
The article doesn't make clear the most important aspect of it: The recording itself isn't a problem--it is putting it up on the web or distributing it in some way.
Many states remove police from state wiretapping laws entirely (making on-duty in-uniform police fair game).
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2 | Frick
ID: 5054937 Thu, Jun 03, 2010, 11:58
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What makes it worse is people who are being prosecuted much more harshly due to simply pointing out improper police behavior. One of the cases in the article was from a motorcycle rider who had a helmet cam running. He wasn't told to turn off the camera and a warrant wasn't issued until he posted the video.
I'm curious to see if states that only require one party to be aware of a recording adopt a similar policy.
I often disagree with the ACLU, but this is one issue where I would support them.
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3 | nerveclinic Leader
ID: 05047110 Thu, Jun 03, 2010, 15:28
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I've always thought the rule was if a cop tells you to do something you better do it because he is always right and you are always wrong unless someone happens to be videotaping and then you still only have a 50-50 chance the tape will be believed.
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4 | Seattle Zen Leader
ID: 055343019 Thu, Jun 03, 2010, 15:30
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You will be in a world of hurt if you record Israeli soldiers repelling onto your boat in international waters, I tell you...
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5 | Myboyjack Dude
ID: 014826271 Thu, Jun 03, 2010, 21:08
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It's outrageous that police would charge and that any prosecutor would procede with a wire-tapping type charge for taping a police officer on duty and in a public place. I can see a situation where the facts might be an actual obstruction case - but this stuff is outrageous. Most states, to my knowledge, don't have any such crime. I know Maryland has been notorious for it though. Seems like it came up in the Monica Lewinsky business at some point.
As an aside, at work, I have come to always assume that I am being recorded anytime I talk with the public. Seems like a fair standard for a police officer to operate under anyway.
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6 | Mith
ID: 14102186 Thu, Aug 14, 2014, 10:54
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Last night one of our field crews and reporter, preparing for a live shot in Fergusen, MO, was tear gassed and fired on with rubber bullets by police, on camera.
They were set up about a mile away from any commotion, where the police had pushed them and some local residents back to earlier. The street in the camera's view behind the reporter position was empty and you couldn't hear anything from the reporter's mic aside from him and the crew. With the camera and lights set up, it was certainly clear to anyone within range to shot at them that they were news media and not protesters or looters.
Not included in the video linked above, when the tear gas dispersed he tried to return to his position to go on the air, only to have rubber bullets fired at him again.
Also in Fergusen last night, two other journalists with the Huffington Post were arrested in a McDonalds as they were charging devices and writing their stories. One claims he was slammed into the storefront window as he was being led out.
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7 | Mith
ID: 14102186 Thu, Aug 14, 2014, 11:26
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Last month a federal lawsuit was filed on behalf of a New York City woman who was arrested in 2013 for taking cellphone video of NYPD EMTs who were speaking with a woman in a wheelchairThe lawsuit described eight occasions, which Mr. Siegel said were based upon video evidence, in which officers arrested people who were recording in public, ordered them to leave or demanded that they delete images from cameras or cellphones.
One account described the experiences of Debra Goodman, the plaintiff in the suit, who was said to have been taking a cellphone video in 2013 on the Upper West Side of Manhattan as emergency medical technicians spoke with a woman in a wheelchair and officers stood nearby. As she did so, the suit said, an officer began recording Ms. Goodman with his phone, demanded to see her identification and then arrested her. The charges were eventually dismissed by prosecutors; she is seeking unspecified damages.
In another account, also from 2013, a man named Diego Ibanez used a phone to record officers making arrests inside a subway station. Although he was about 10 feet away, the lawsuit said, officers ordered him out of the station. Mr. Ibanez responded that he would record from a different part of the platform, the suit said, and was then arrested.
As he was in custody, an officer told him that he could avoid jail if he deleted the recording he had made, the lawsuit said. The officer then tried to erase the video, but did not do so correctly, the lawsuit said, which allowed Mr. Ibanez to later recover the video, which showed him telling the police, “You can film police officers,” just before his arrest.
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8 | Mith
ID: 14102186 Thu, Aug 14, 2014, 11:48
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This was supposed to be the first link in post 6.
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9 | sarge33rd
ID: 390471112 Fri, Aug 15, 2014, 00:28
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Know your rights, photographers
7 rules for recording the police
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