Go Back   Tacoma World Forums > Off-Topic > Law Enforcement Officers

Notices

do citizens have the right to film police ?

Closed Thread
 
Thread Tools Search this Thread
Old 05-01-2013, 01:11 PM   #21
Long time lurker, first time poster.
Nirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shedNirvana is one of the sharper tools in the shed
 
Nirvana's Avatar
Coast Guard: Snipe
Name: Kris
Joined: Jan 2010, #28653
Location: Bay Area, U.S.A
Gender: Male
Posts: 643
Nirvana's Tacoma Gallery
I think it's more disagreeable on the basis that was already noted. Would you want someone coming to your job and recording everything you do then analyzing it for flaws without reason? I understand the reasoning but it's going to make most people uneasy just knowing it's happening, maybe bring about those tingles on your neck.
 
Old 05-01-2013, 01:12 PM   #22
Senior Member
04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed04tacomarob is one of the sharper tools in the shed
 
04tacomarob's Avatar
Law Enforcement: Corrections
Name: Robert
Joined: Jan 2013, #96286
Location: Fallon, NV
Age: 24
Gender: Male
Posts: 118
04tacomarob's Tacoma Gallery
I don't know if I am correct but isn't all public filming legal and you need consent for voice?

I've been video taped during switches of custody of my child and they wanted to say my body language was intimidating in some way haha. Either way the judge didn't even want to see it after it was known it was my property they filmed on and no consent to record our conversation.
 
Old 05-01-2013, 01:15 PM   #23
ASE Master Tech
BamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shed
 
BamaToy1997's Avatar
Marines: M1A2 hull/turret technician, 4th Maint Btn. 4th FSSG.
Name: Bill
Joined: Jan 2012, #71846
Location: Navarre, FL
Age: 46
Gender: Male
Posts: 8,763
BamaToy1997's Tacoma Gallery
Actually if you do some research, the Federal Court of Appeals has upheld that it IS legal to record in public areas, to include police officers in the line of duty. See below excerpt, and the link:

Quote:
The Federal Appeals Court has ruled that video recording the police in a public place is a constitutional right for all U.S. citizens. This is a great win for the freedom movement. Public officials need to be held accountable for their actions. See ruling below.
Quote:
SIMON GLIK,
Plaintiff, Appellee,
v.
JOHN CUNNIFFE, in his individual capacity; PETER J. SAVALIS, in his individual capacity; JEROME HALL-BREWSTER, in his individual capacity; CITY OF BOSTON
Excerpt from: http://peacefreedomprosperity.com/56...endment-right/


This shows that the federal court itself has upheld a private citizen's right to videotape (Including audio) of a police officer in the line of duty. ALSO note that the person that the police were initially investigating was a minor. A specific excerpt from their findings:

Quote:
We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.
 
Old 05-01-2013, 01:17 PM   #24
Cranky & often armed sysadmin
Xaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shedXaks is one of the sharper tools in the shed
 
Xaks's Avatar
Name: Xaks
Joined: Dec 2009, #27030
Location: Oklahoma City area
Age: 40
Gender: Dude
Posts: 1,476
Xaks's Tacoma Gallery
Quote:
Originally Posted by BamaToy1997 View Post
Actually if you do some research, the Federal Court of Appeals has upheld that it IS legal to record in public areas, to include police officers in the line of duty. See below excerpt, and the link:

Excerpt from: http://peacefreedomprosperity.com/56...endment-right/


This shows that the federal court itself has upheld a private citizen's right to videotape (Including audio) of a police officer in the line of duty. ALSO note that the person that the police were initially investigating was a minor. A specific excerpt from their findings:
The inclusion of the point that a minor was involved is the part that really surprises me. I'd have thought that little tidbit would trump...well, I guess not.

*shrug*
 
Old 05-01-2013, 01:19 PM   #25
OldPhart
bldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shedbldegle2 is one of the sharper tools in the shed
 
bldegle2's Avatar
Joined: Apr 2013, #102169
Location: floyd, VA
Gender: Male
Posts: 1,013
bldegle2's Tacoma Gallery
The police are a public entity, there to serve and protect the public on public and private properties, their salaries are paid from the local tax base, in essence, the local citizens are their boss, in a loose sense...sworn to protect and serve...

Taking a video of an 'incident' or confrontation is in many cases, the only real evidence in a he said, they said scenario....

Besides, if the officers are not doing anything wrong, they should welcome the vids as backup, ahhhhh...maybe that is why they want to squash anyone who films them...
 
Old 05-01-2013, 01:21 PM   #26
ASE Master Tech
BamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shed
 
BamaToy1997's Avatar
Marines: M1A2 hull/turret technician, 4th Maint Btn. 4th FSSG.
Name: Bill
Joined: Jan 2012, #71846
Location: Navarre, FL
Age: 46
Gender: Male
Posts: 8,763
BamaToy1997's Tacoma Gallery
Quote:
Originally Posted by Nirvana View Post
I think it's more disagreeable on the basis that was already noted. Would you want someone coming to your job and recording everything you do then analyzing it for flaws without reason? I understand the reasoning but it's going to make most people uneasy just knowing it's happening, maybe bring about those tingles on your neck.
If you are on the job in a private building, then yes, you are protected unless the owner of the building and/or company give consent. If you are on the job outside, in the public area, then no, you are not protected from being taped.

Quote:
Originally Posted by 04tacomarob View Post
I don't know if I am correct but isn't all public filming legal and you need consent for voice?

I've been video taped during switches of custody of my child and they wanted to say my body language was intimidating in some way haha. Either way the judge didn't even want to see it after it was known it was my property they filmed on and no consent to record our conversation.
audio recording is something that is a fine line as argued. However as mentioned above, the federal court of appeals has stated that video taping, to include audio, is supported by the fourth amendment. Now this is only in public. The reason the judge did not want to see the video you mentioned was of course as you had disclosed, it was done on YOUR personal property, without your consent.
 
Old 05-01-2013, 01:28 PM   #27
Senior Member
Front sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shed
Law Enforcement: SeaBee
Joined: Oct 2008, #10408
Location: SW Florida
Gender: Male
Posts: 444
Front sight's Tacoma Gallery
[QUOTE=Fightnfire;6826558]Uhh .. I'm not a lawyer but it is absolutely legal to film police officers on duty, and in public period. They can not confiscate your film or camera at all unless you have committed a crime.

The states that have restrictions about right to privacy typically only deal with residential and commercial properties.

IE: I hire a new nanny, I can film her in my house no questions asked. With the exception of a place in which she has a right to expect privacy ... meaning a bathroom or a bedroom if she is assigned one.

Look it up. I did when I hired a new babysitter

http://www.nytimes.com/2012/05/21/op...ord.html?_r=3&

http://gizmodo.com/5900680/7-rules-f...ice[/QUOTE]

Like I said, yes and no.

If I'm on duty and making an arrest and you want to film me, fine. Traffic stops, public contacts, etc no problem. An interview/investigation is a little different.
Law Enforcement Interference
  • An individual can't legally disclose or attempt to disclose information collected from a private recording or filming where consent isn't obtained involving a criminal investigation as it compromises the integrity of the investigation. An individual who attempts to engage in this behavior is violating the Florida wiretap law.

Most states have some sort of provision for this. An interview is regarded as a private conversation ie: conversation with your lawyer, doctor, clergy. It is private until the investigation is over and even then some of the information collected will remain private/confidential.

It's a touchy subject for all involved.
If you're the victim or suspect you don't want some clown filming you and your business. I don't really care to be filmed- what if I'm having a bad hair day or look fat . The public want's to make sure that some LEO's don't abuse their powers so they film us. I see all sides and there is no one size fits all.
 
Old 05-01-2013, 01:28 PM   #28
4lo 4lo is offline
Senior Member
4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed
 
4lo's Avatar
Name: John
Joined: May 2012, #79006
Location: Austin, TX
Age: 41
Gender: Male
Posts: 336
4lo's Tacoma Gallery
There are very few places that you need permission to shoot a photo or video...Hospitals, Gov Building etc. Yet you are free to shoot whomever and whatever you want (even if they are in any of these off limit places) if you are shooting from a public location and not disrupting anyone else.
NPPA and ASMP outline a code of ethics for shooting the laws to abide by:
The Legal Stuff

I.Before we get started here, we have to point out that even though we’re smart and awesome and devastatingly attractive, we’re not lawyers. None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer. Much of this information was gleaned from attorney Bert P. Krages‘ website, so we’ll go ahead and recommend him.
The Ten Legal Commandments of Photography

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
  • accident & fire scenes, criminal activities
  • bridges & other infrastructure, transportation facilities (i.e. airports)
  • industrial facilities, Superfund sites
  • public utilities, residential & commercial buildings
  • children, celebrities, law enforcement officers
  • UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
 
Old 05-01-2013, 01:34 PM   #29
Senior Member
Front sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shed
Law Enforcement: SeaBee
Joined: Oct 2008, #10408
Location: SW Florida
Gender: Male
Posts: 444
Front sight's Tacoma Gallery
Quote:
Originally Posted by denali climber View Post
and what happened in court ? was he found guilty ?
He pled out.
 
Old 05-01-2013, 01:36 PM   #30
Recklessly tired
Fightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shedFightnfire is one of the sharper tools in the shed
 
Fightnfire's Avatar
Name: Luke
Joined: Jun 2011, #58178
Location: Washington
Gender: Dude
Posts: 4,411
Fightnfire's Tacoma Gallery
[QUOTE=Front sight;6826699]
Quote:
Originally Posted by Fightnfire View Post
Uhh .. I'm not a lawyer but it is absolutely legal to film police officers on duty, and in public period. They can not confiscate your film or camera at all unless you have committed a crime.

The states that have restrictions about right to privacy typically only deal with residential and commercial properties.

IE: I hire a new nanny, I can film her in my house no questions asked. With the exception of a place in which she has a right to expect privacy ... meaning a bathroom or a bedroom if she is assigned one.

Look it up. I did when I hired a new babysitter

http://www.nytimes.com/2012/05/21/op...ord.html?_r=3&

http://gizmodo.com/5900680/7-rules-f...ice[/QUOTE]

Like I said, yes and no.

If I'm on duty and making an arrest and you want to film me, fine. Traffic stops, public contacts, etc no problem. An interview/investigation is a little different.
Law Enforcement Interference
  • An individual can't legally disclose or attempt to disclose information collected from a private recording or filming where consent isn't obtained involving a criminal investigation as it compromises the integrity of the investigation. An individual who attempts to engage in this behavior is violating the Florida wiretap law.

Most states have some sort of provision for this. An interview is regarded as a private conversation ie: conversation with your lawyer, doctor, clergy. It is private until the investigation is over and even then some of the information collected will remain private/confidential.

It's a touchy subject for all involved.
If you're the victim or suspect you don't want some clown filming you and your business. I don't really care to be filmed- what if I'm having a bad hair day or look fat . The public want's to make sure that some LEO's don't abuse their powers so they film us. I see all sides and there is no one size fits all.
If your "private conversation" is in public and I do not interfere with the investigation I am fully within my constitutional rights to film. Show me a case where someone was found guilty. Also there's that whole "It's not a private conversation if you have it in public" issue.

Also, your bullet point specifically says intent to disclose. I'm just filming.
 
Old 05-01-2013, 01:42 PM   #31
4lo 4lo is offline
Senior Member
4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed
 
4lo's Avatar
Name: John
Joined: May 2012, #79006
Location: Austin, TX
Age: 41
Gender: Male
Posts: 336
4lo's Tacoma Gallery
With all that said, be smart and prudent. I almost got blasted in Ft Collins a few years ago shooting an arrest at night of a super belligerent college student. I was shooting a super fast 50mm 1.4 sans flash and forgot the red eye was on. Basically I was shooting small red flashes of light from my truck towards the 4-5 officers trying to wrangle that effed up little s--t. Needless to say, they were NOT stoked and I was greeted at gun point. Innocent mistake but don't point little red laser at folks with guns.
 
Old 05-01-2013, 01:54 PM   #32
ASE Master Tech
BamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shed
 
BamaToy1997's Avatar
Marines: M1A2 hull/turret technician, 4th Maint Btn. 4th FSSG.
Name: Bill
Joined: Jan 2012, #71846
Location: Navarre, FL
Age: 46
Gender: Male
Posts: 8,763
BamaToy1997's Tacoma Gallery
Quote:
Originally Posted by 4lo View Post
There are very few places that you need permission to shoot a photo or video...Hospitals, Gov Building etc. Yet you are free to shoot whomever and whatever you want (even if they are in any of these off limit places) if you are shooting from a public location and not disrupting anyone else.
NPPA and ASMP outline a code of ethics for shooting the laws to abide by:
The Legal Stuff

I.Before we get started here, we have to point out that even though we’re smart and awesome and devastatingly attractive, we’re not lawyers. None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer. Much of this information was gleaned from attorney Bert P. Krages‘ website, so we’ll go ahead and recommend him.
The Ten Legal Commandments of Photography

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
  • accident & fire scenes, criminal activities
  • bridges & other infrastructure, transportation facilities (i.e. airports)
  • industrial facilities, Superfund sites
  • public utilities, residential & commercial buildings
  • children, celebrities, law enforcement officers
  • UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
The topic at hand is FILMING police, not photography. Photography does have a much more lenient allowability.

[QUOTE=Front sight;6826699]
Quote:
Originally Posted by Fightnfire View Post
Uhh .. I'm not a lawyer but it is absolutely legal to film police officers on duty, and in public period. They can not confiscate your film or camera at all unless you have committed a crime.

The states that have restrictions about right to privacy typically only deal with residential and commercial properties.

IE: I hire a new nanny, I can film her in my house no questions asked. With the exception of a place in which she has a right to expect privacy ... meaning a bathroom or a bedroom if she is assigned one.

Look it up. I did when I hired a new babysitter

http://www.nytimes.com/2012/05/21/op...ord.html?_r=3&

http://gizmodo.com/5900680/7-rules-for-recording-police[/QUOTE]

Like I said, yes and no.

If I'm on duty and making an arrest and you want to film me, fine. Traffic stops, public contacts, etc no problem. An interview/investigation is a little different.
Law Enforcement Interference
  • An individual can't legally disclose or attempt to disclose information collected from a private recording or filming where consent isn't obtained involving a criminal investigation as it compromises the integrity of the investigation. An individual who attempts to engage in this behavior is violating the Florida wiretap law.
Most states have some sort of provision for this. An interview is regarded as a private conversation ie: conversation with your lawyer, doctor, clergy. It is private until the investigation is over and even then some of the information collected will remain private/confidential.

It's a touchy subject for all involved.
If you're the victim or suspect you don't want some clown filming you and your business. I don't really care to be filmed- what if I'm having a bad hair day or look fat . The public want's to make sure that some LEO's don't abuse their powers so they film us. I see all sides and there is no one size fits all.
If you look at the wording of the Florida wiretap law, you will find that it specifically states this law does not include those in a public area.

Quote:
Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent. See Fla. Stat. ch. 934.03. Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. However, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.
I would be welcome to reading a specific statute that supports what you said. For right now, we can only take what you have stated, as no statute supporting your post says it is actually illegal.
 
Old 05-01-2013, 02:07 PM   #33
4lo 4lo is offline
Senior Member
4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed
 
4lo's Avatar
Name: John
Joined: May 2012, #79006
Location: Austin, TX
Age: 41
Gender: Male
Posts: 336
4lo's Tacoma Gallery
[QUOTE=BamaToy1997;6826831]The topic at hand is FILMING police, not photography. Photography does have a much more lenient allowability.

Same tools, same laws, same regulations. Ethics of Photojournalism applies to both still and motion photography.
 
Old 05-01-2013, 02:45 PM   #34
ASE Master Tech
BamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shed
 
BamaToy1997's Avatar
Marines: M1A2 hull/turret technician, 4th Maint Btn. 4th FSSG.
Name: Bill
Joined: Jan 2012, #71846
Location: Navarre, FL
Age: 46
Gender: Male
Posts: 8,763
BamaToy1997's Tacoma Gallery
Actually until VERY recently, they did not. Photography and film were held under different light due to the older state laws saying you could film, but not record audio, but photography had no limits at all.
 
Old 05-01-2013, 02:49 PM   #35
Banned
SoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shedSoCaltaco65 is one of the sharper tools in the shed
Joined: May 2011, #56389
Gender: Male
Posts: 6,992
SoCaltaco65's Tacoma Gallery
Quote:
Originally Posted by Brunes View Post
Depends on the local laws. Electronic recording is allowed in public places without any notification in some states and some states require consent by all parties being taped.

So it's not a right perse.

100% right

likewise this also extends to the public, not just a LEO.
 
Old 05-01-2013, 03:11 PM   #36
Senior Member
Front sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shedFront sight is one of the sharper tools in the shed
Law Enforcement: SeaBee
Joined: Oct 2008, #10408
Location: SW Florida
Gender: Male
Posts: 444
Front sight's Tacoma Gallery
Quote:
Originally Posted by BamaToy1997 View Post

I would be welcome to reading a specific statute that supports what you said. For right now, we can only take what you have stated, as no statute supporting your post says it is actually illegal.
F.S.934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—

(1) Except as otherwise specifically provided in this chapter, any person whoa) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
2. Such device transmits communications by radio or interferes with the transmission of such communication;

(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire,oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;
shall be punished as provided in subsection (4).


It is my understanding that we can be recorded in our duties in public. Arrests, traffic stops, general public contact, driving, etc. But when I pull someone to the side and do my investigation, it's a bit different being that what they say might be entered as evidence. As far as me being in public doing it, well if I'm around 20 people then yes, I have no expectation of privacy and expect my conversation to be overheard. When I pull the person away from everyone else and begin my criminal investigation that is when things are different. I move them away and expect a "reasonable expectation of privacy" while I conduct the criminal investigation.
 
Old 05-01-2013, 03:13 PM   #37
4lo 4lo is offline
Senior Member
4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed4lo is one of the sharper tools in the shed
 
4lo's Avatar
Name: John
Joined: May 2012, #79006
Location: Austin, TX
Age: 41
Gender: Male
Posts: 336
4lo's Tacoma Gallery
Quote:
Originally Posted by SoCaltaco65 View Post
100% right

likewise this also extends to the public, not just a LEO.
If you are in public, you do not have what is called a "reasonable expectation of privacy". This means that you can be put on TV without your consent. HOWEVER - if you are filmed/videoed by a cameraman doing a show which will later be sold for profit and aired - they MUST obtain a signed "release" from each person that appears in the film/video.
 
Old 05-01-2013, 03:24 PM   #38
ASE Master Tech
BamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shedBamaToy1997 is one of the sharper tools in the shed
 
BamaToy1997's Avatar
Marines: M1A2 hull/turret technician, 4th Maint Btn. 4th FSSG.
Name: Bill
Joined: Jan 2012, #71846
Location: Navarre, FL
Age: 46
Gender: Male
Posts: 8,763
BamaToy1997's Tacoma Gallery
Thanks. The copy of the same statute I had posted, but with more detailed information. Now we are getting somewhere. I would however argue that just because I was sitting there recording what was going on does not constitute proof that I was going to "Intentionally disclose, or endeavor to disclose" what I was recording. Perhaps I was going to record it for my own viewing pleasure in the future, then erase it? Funny thing about laws, it is all about how it is interpreted by lawyers, judges, and a jury. I bet you I could find me a good lawyer like the guy above in my previous post and win a case here, as long as I never disclosed the video, which if I were arrested and the recording confiscated I would not have been able to do.

The section in (e) numbered as 934.09 also states at the end "knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;
shall be punished as provided in subsection (4)."

The officer would have to prove that I INTENDED to obstruct his investigation. Not going to happen. Intent is one of the most difficult actions to prove. when an act is is session. I would say that I would have a 99% probability of winning if I had a good lawyer, and I still think a better than 75% chance of winning when I made sure it went to trial and I had peers who truly love their 4th amendment rights, which most citizens do.

Actually now that I think about it, I would say 100% chance of winning period, since the federal appeals court upheld the case of the guy above! I would simply cite that case when I went to court, and then proceeded to sue like he did. lol.
 
Old 05-01-2013, 03:35 PM   #39
Banned
denali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the sheddenali climber is one of the sharper tools in the shed
Joined: Apr 2013, #101918
Gender: Male
Posts: 152
denali climber's Tacoma Gallery
Lets remember that state laws are often unconstitutional and in violation of 1st Amendment protections.
 
Old 05-01-2013, 03:52 PM   #40
Large Member
jmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shedjmarquez808 is one of the sharper tools in the shed
 
jmarquez808's Avatar
Air Force: CIVILIAN/ E-5
Name: Jess
Joined: May 2012, #79323
Location: Hawaii
Gender: Male
Posts: 1,358
jmarquez808's Tacoma Gallery
i wish i filmed the cops who let a guy hit me then bashed me on the head with knee strikes when i wouldnt agree to be handcuffed. Im sorry to any officers who actually do their jobs and arnt corrupt but my experience with the honolulu police department, they are some of the worst people here, liars, law breakers, drug users/sellers, and partaking in human trafficking like juicy bars, also they have ties in a lot of underground bullshit going on plus they will protect guys who are criminals that are friends and family. Also many accounts from my own girlfriend and other women of blatant sexual harrassmant and nasty physical taunting. But it always comes down to your word against theirs. My next encounter with police will be filmed. This is why i say Screw HPD
 
Closed Thread

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Similar Threads
Thread Thread Starter Forum Replies Last Post
While the citizens were asleep. Joe D Off-Topic Discussion 2 09-04-2012 07:55 PM
For the Sheep Who Scoff at Armed Citizens Outside the Home... wileyC Guns & Hunting 1 04-26-2012 09:45 PM
very nervous. i have 8 senior citizens coming over! aficianado Food Talk 5 12-30-2011 09:46 AM
Great video of citizens helping cyclist in trouble. horwitzs Motorcycles 15 09-13-2011 03:51 PM
Citizens Exercising their Rights To Bear Arms luk8272 Off-Topic Discussion 2 08-18-2009 07:18 AM


Copyright © 2014 Tacoma Forum. Tacoma World is not owned by, or affiliated with Toyota Motor Corporation.