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do citizens have the right to film police ?

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Old 05-01-2013, 11:32 AM   #1
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do citizens have the right to film police ?

been seeing alot of it lately
 
Old 05-01-2013, 11:33 AM   #2
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absolutely they do...the police don't like it, lots of controversy...obviously, for an out of control officer or police department, they will do just about anything to confiscate and destroy and incriminating taping if they know it is happening..
 
Old 05-01-2013, 11:44 AM   #4
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It *should* be a universal right as an American.
 
Old 05-01-2013, 11:45 AM   #5
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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.

which states require consent ? i thought a court case overturned those laws ?
 
Old 05-01-2013, 11:46 AM   #6
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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.
This, hidden camera laws and whatnot

Quote:
Originally Posted by Xaks View Post
It *should* be a universal right as an American.
It should be my right to not be filmed if I don't want to be. While doing my job or not, while doing something wrong or not.

IMO
 
Old 05-01-2013, 11:47 AM   #7
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As far as I know, you're allowed to record LEO as long as you notify them. IE a traffic stop, as soon as they walk up, you hand them your info and inform them that you are recording everything. As long as everything is legit, the LEO should have zero issue with it.

As for randomly filming LEOs on the street, I don't know exactly how that works out...
 
Old 05-01-2013, 11:47 AM   #8
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Quote:
Originally Posted by denali climber View Post
which states require consent ? i thought a court case overturned those laws ?
It may be easier to find out your states laws instead of finding all states laws and then findout what State/Region you're in.

Where are you? Have you tried Google?
 
Old 05-01-2013, 11:49 AM   #9
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Quote:
Originally Posted by Xaks View Post
It *should* be a universal right as an American.
Explain American (naturalized, born/bred, other)
 
Old 05-01-2013, 11:50 AM   #10
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Quote:
Originally Posted by denali climber View Post
which states require consent ? i thought a court case overturned those laws ?
There are 12 states that require consent, 10 of them have "expectation of privacy" exceptions.
The court case has started to sort those issues out, but it has not been completely clarified, so you can still earn an arrest and costly court battle for making the wrong choice.
 
Old 05-01-2013, 12:18 PM   #11
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Quote:
Originally Posted by gooch14 View Post
This, hidden camera laws and whatnot



It should be my right to not be filmed if I don't want to be. While doing my job or not, while doing something wrong or not.

IMO
This is called disagreeing without being disagreeable

I would counter, sir, that if you are performing your job functions inside a private building or home, you would have an expectation of privacy. If you were doing so out on a street corner, then you should not have that same expectation.

But hey, that's just me.

Good day, sir. *tips hat
 
Old 05-01-2013, 12:27 PM   #12
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Quote:
Originally Posted by Xaks View Post
This is called disagreeing without being disagreeable

I would counter, sir, that if you are performing your job functions inside a private building or home, you would have an expectation of privacy. If you were doing so out on a street corner, then you should not have that same expectation.

But hey, that's just me.

Good day, sir. *tips hat

Ha ha,

I understand where you're coming from 100% but try flipping it around. Do you work for a place that would have property considered public? I do. I don't want someone just barging in and saying "WTF, Tacomaworld 7hrs a day?"
 
Old 05-01-2013, 12:31 PM   #13
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Quote:
Originally Posted by gooch14 View Post
Ha ha,

I understand where you're coming from 100% but try flipping it around. Do you work for a place that would have property considered public? I do. I don't want someone just barging in and saying "WTF, Tacomaworld 7hrs a day?"
Not only have I on several occasions, but I've been filmed while working by a news crew doing a story on it.

Long story short, back during the 99-2001 virus crazy days of the kournikova virus/redalert/etc bugs that careened around the intarwebs, I worked at an antivirus company.

I was onsite doing tech support and bringing systems back up online at a state run college, and CNN had a local crew come through doing a story on it for their tech segments.

I had a couple of those damned cameras pert near up my ass for about half an hour while I was cleaning machines. Huge PITA, yes. But, I was in a public classroom/public resource area, and couldn't say a word about it.

Of course, I resisted the temptation to tase or handcuff anyone that re-infected the machines *while we were there cleaning them and filming*...but it wasn't easy.
 
Old 05-01-2013, 12:32 PM   #14
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I find it ironic that when the Government video people it's an invasion of privacy. Yet it's OK for everyone else to do the filming of other people.
 
Old 05-01-2013, 12:34 PM   #15
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Yes and no.

If I'm doing say a traffic stop and your filming me, fine. No issues

If I'm doing a criminal investigation and I'm doing a quick roadside interview with a victim/suspect then no. It's an open investigation and your cell/video will be evidence until the investigation is over.

I've been filmed numerous times. I've only had an issue once. Juvenile victim and the mother was explaining what happened when "jon" came up and began filming. Mother was beyond upset and it was hindering my investigation, plus all of the juvenile information was confidential. He was told to stop filming and leave. He continued to hinder the investigation and was ultimately arrested for obstruction.
 
Old 05-01-2013, 12:40 PM   #16
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Quote:
Originally Posted by Front sight View Post
Yes and no.

If I'm doing say a traffic stop and your filming me, fine. No issues

If I'm doing a criminal investigation and I'm doing a quick roadside interview with a victim/suspect then no. It's an open investigation and your cell/video will be evidence until the investigation is over.

I've been filmed numerous times. I've only had an issue once. Juvenile victim and the mother was explaining what happened when "jon" came up and began filming. Mother was beyond upset and it was hindering my investigation, plus all of the juvenile information was confidential. He was told to stop filming and leave. He continued to hinder the investigation and was ultimately arrested for obstruction.
Well done, mon!

The whole 'active investigation' thing should be enough. That it was a juvie to boot should have had him in cuffs in the back of a squad car, IMHO.

There needs to be a line of reasonableness (is that a word? fuck it, you know what I mean) in this discussion. As you said, most of the time it shouldn't be a problem, but in an active scene it should be considered a no-no.

Now, should he continue to tape after being calmly informed that he needs to stop, arrest is perfectly acceptable to me. But it would also need to be used only as necessary for an active investigation, not as a blanket for being a dick.
 
Old 05-01-2013, 12:54 PM   #17
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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
 
Old 05-01-2013, 12:58 PM   #18
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Quote:
Originally Posted by Front sight View Post

I've been filmed numerous times. I've only had an issue once. Juvenile victim and the mother was explaining what happened when "jon" came up and began filming. Mother was beyond upset and it was hindering my investigation, plus all of the juvenile information was confidential. He was told to stop filming and leave. He continued to hinder the investigation and was ultimately arrested for obstruction.
and what happened in court ? was he found guilty ?
 
Old 05-01-2013, 01:01 PM   #19
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Okay I found this recent case. As far as I know its the highest ruling so far

http://www.ca1.uscourts.gov/pdf.opin...-1764P-01A.pdf



. Simon Glik was arrested for using

his cell phone's digital video camera to film several police

officers arresting a young man on the Boston Common. The charges

against Glik, which included violation of Massachusetts's wiretap

statute and two other state-law offenses, were subsequently judged

baseless and were dismissed. Glik then brought this suit under 42

U.S.C. § 1983, claiming that his arrest for filming the officers

constituted a violation of his rights under the First and Fourth

Amendments.

In this interlocutory appeal, the defendant police

officers challenge an order of the district court denying them

qualified immunity on Glik's constitutional claims. We conclude,

based on the facts alleged, that Glik was exercising clearlyestablished

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. We

therefore affirm.

Not only did the citizen have the right to film police in public but the officers violated his civil rights and were therefore not protected by qualified immunity
 
Old 05-01-2013, 01:03 PM   #20
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It's amazing the amount of police officers that think this is somehow illegal. Wouldn't this be in 101 basic training?

Also the misinformation in this thread is ... interesting.
 
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