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do citizens have the right to film police ?

Discussion in 'Law Enforcement Officers' started by denali climber, May 1, 2013.

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  1. May 1, 2013 at 10:32 AM
    #1
    denali climber

    denali climber [OP] Well-Known Member

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    been seeing alot of it lately
     
  2. May 1, 2013 at 10:33 AM
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    bldegle2

    bldegle2 OldPhart

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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..
     
  3. May 1, 2013 at 10:43 AM
    #3
    Brunes

    Brunes abides. Staff Member

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    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.
     
  4. May 1, 2013 at 10:44 AM
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    Xaks

    Xaks Cranky & often armed sysadmin

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    It *should* be a universal right as an American.
     
  5. May 1, 2013 at 10:45 AM
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    denali climber

    denali climber [OP] Well-Known Member

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    which states require consent ? i thought a court case overturned those laws ?
     
  6. May 1, 2013 at 10:46 AM
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    gooch14

    gooch14 Well-Known Member

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    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
     
  7. May 1, 2013 at 10:47 AM
    #7
    VolcomTacoma

    VolcomTacoma I get it, you've seen the movie.

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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...
     
  8. May 1, 2013 at 10:47 AM
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    gooch14

    gooch14 Well-Known Member

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    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?
     
  9. May 1, 2013 at 10:49 AM
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    Sandman614

    Sandman614 LRGRNR

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    Explain American (naturalized, born/bred, other) :stirthepot:
     
  10. May 1, 2013 at 10:50 AM
    #10
    Brunes

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    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.
     
  11. May 1, 2013 at 11:18 AM
    #11
    Xaks

    Xaks Cranky & often armed sysadmin

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    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
     
  12. May 1, 2013 at 11:27 AM
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    gooch14

    gooch14 Well-Known Member

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    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?"
     
  13. May 1, 2013 at 11:31 AM
    #13
    Xaks

    Xaks Cranky & often armed sysadmin

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    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.
     
  14. May 1, 2013 at 11:32 AM
    #14
    gasgasman

    gasgasman ASE Master Tech.

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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.
     
  15. May 1, 2013 at 11:34 AM
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    Front sight

    Front sight Well-Known Member

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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.
     
  16. May 1, 2013 at 11:40 AM
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    Xaks

    Xaks Cranky & often armed sysadmin

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    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.
     
  17. May 1, 2013 at 11:54 AM
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    Fightnfire

    Fightnfire Recklessly tired

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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 :D

    http://www.nytimes.com/2012/05/21/opinion/the-right-to-record.html?_r=3&

    http://gizmodo.com/5900680/7-rules-for-recording-police
     
    Last edited: May 1, 2013
  18. May 1, 2013 at 11:58 AM
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    denali climber

    denali climber [OP] Well-Known Member

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    and what happened in court ? was he found guilty ?
     
  19. May 1, 2013 at 12:01 PM
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    denali climber

    denali climber [OP] Well-Known Member

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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.opinions/10-1764P-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
     
  20. May 1, 2013 at 12:03 PM
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    Fightnfire

    Fightnfire Recklessly tired

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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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