Recording police

Recording police

This is a discussion on Recording police within the Off Topic & Humor Discussion forums, part of the The Back Porch category; The CMLP is thrilled to report that in the case of Glik v. Cunniffe, which the CMLP has blogged previously and in which the CMLP ...

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  1. #1
    Ex Member Array Bombsaway's Avatar
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    Recording police

    The CMLP is thrilled to report that in the case of Glik v. Cunniffe, which the CMLP has blogged previously and in which the CMLP attempted to file an amicus brief, the U.S. Court of Appeals for the First Circuit has issued a resounding and unanimous opinion in support of the First Amendment right to record the actions of police in public.

    A Victory for Recording in Public! | Citizen Media Law Project


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    Distinguished Member Array ArkhmAsylm's Avatar
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    One more down, many more to go...
    "Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)

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    This important topic, and there are still many places where there are laws on the books against such recording, and this thread "Run in with one of Rock Hill PDs Narcotics Teams," running elsewhere here, have a certain common element. And that is, disrespect for basic rights of ordinary citizens.
    Bombsaway likes this.
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    Member Array mandalitten's Avatar
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    Good outcome for citizens, but it shows that even if you are not violating the law you might still be charged... I always have one of my hotkeys on my cell phone to record so I can record on a short notice. I did this a while ago when an officer thought I was going a little faster than the speed limit. Fortunately, I didn't have to use it.
    I know some states have very strict wire tapping laws that require the consent of all parties when making any recording. You might remember a case not too long ago where a motorcyclist with a helmet camera was pulled over for speeding, and later charged with illegal wire tapping.... The town or state later dropped the charges. This latest case might void the NJ statute, but there is probably a long process to actually make it happen.

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    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by Hopyard View Post
    This important topic, and there are still many places where there are laws on the books against such recording, and this thread "Run in with one of Rock Hill PDs Narcotics Teams," running elsewhere here, have a certain common element. And that is, disrespect for basic rights of ordinary citizens.
    by cops who have bad procedure so ingrained that they don't get it

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    VIP Member Array mlr1m's Avatar
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    Originally Posted by Hopyard
    This important topic, and there are still many places where there are laws on the books against such recording, and this thread "Run in with one of Rock Hill PDs Narcotics Teams," running elsewhere here, have a certain common element. And that is, disrespect for basic rights of ordinary citizens.
    Quote Originally Posted by apvbguy View Post
    by cops who have bad procedure so ingrained that they don't get it
    Can you really fault a LEO who is following the law? Isn't it actually the fault of those who wrote and passed the law?

    Michael

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    Distinguished Member Array DefConGun's Avatar
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    Yes!

    Its amazing that something like this should even have to go to court. As long as the person that is recording an arrest is not interfering with the events that he/she is recording, I don't know why any LEOs that have a true invested interest in justice would be opposed to recordings. A recording could actually go in LEOs favor if the detainee were to make claims of abuse that did not take place infront of the cam that a lot if not most police cars already have in place.

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    Senior Member Array DoctorBob's Avatar
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    Quote Originally Posted by mandalitten View Post
    I know some states have very strict wire tapping laws that require the consent of all parties when making any recording. .

    IANALB,

    There is a HUGE distinction here regarding electronic communications with an expectation of privacy and PUBLIC communications of which you may or may not be a party.
    E.g.
    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.

    Check out this link for further info and links to other states: http://www.citmedialaw.org/legal-gui...-recording-law
    and
    State Law: Recording | Citizen Media Law Project

    Recording the voice or actions of a public servant in a public place where there is no expectation of privacy ain't wrong. But this does not preclude the possibility that you would have to go to court to prove your point

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    There are plenty of other places to discuss these issues on the 'net. This is not one of them.
    "Just blame Sixto"

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