Post by D C Rebel on Mar 29, 2014 1:23:10 GMT -6
The U.S. Department of Justice filed a Statement of Interest supporting the right to record on-duty police officers in a second private civil rights lawsuit in Maryland federal court. Photojournalist Mannie Garcia was on a public street when he used his camera to document a rough arrest by Montgomery County Police officers in June 2011. An all-too-common scenario unfolded next: though Mr. Garcia was 30 to 100 feet away, an officer arrested him, placed him in a chokehold, seized his camera, threw him to the ground, and placed him under arrest for disorderly conduct. Mr. Garcia’s video card was never returned to him.
Mr. Garcia was acquitted of the disorderly conduct charges and brought a civil rights lawsuit alleging that his arrest and the seizure of his camera violated his rights under the First and Fourth Amendments of the Constitution. Though Mr. Garcia is a member of the press and even identified himself as such, it makes no difference for the First Amendment rights analysis, which is one issue rightfully emphasized in the D.O.J.’s Statement. Importantly, the Statement also expresses “concern” “that discretionary charges, such as disorderly conduct, loitering, disturbing the peace, and resisting arrest, are all too easily used to curtail expressive conduct or retaliate against individuals for exercising their First Amendment rights.”
-People's Law Office
We have the First Amendment. We are all now journalists. The Internet truly gives citizens freedom of the press.
It is lawful to film/photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.
Recording on private property is another story. Property owners might set their own restrictions, which would then prevent a person from filming or photographing.
Police are not legally allowed to delete content on your device, but if they illegally confiscate your camera and they discover something incriminating them to misconduct, you can bet they will delete the recording-thus destroying any evidence. Therefore you might consider using an app that allows you to live stream video straight to the internet. Cop Block and Live Leaks are popular choices.
Police can legally order citizens to stop filming or photographing activities if they are interfering with law enforcement’s job. So make sure you are not impeding police from doing their job.
“If you ever listened to a chase, especially involving a helicopter, you will often hear the pilot or spotter continually reminding all officers (it does make cops mad when people run especially in high speed chases) that the camera is rolling several times especially when they are close to making the apprehension, This is obviously done to warn the officer they are being filmed and if they use excessive force it will be recorded and the media will be able to obtain a copy.
Mr. Garcia was acquitted of the disorderly conduct charges and brought a civil rights lawsuit alleging that his arrest and the seizure of his camera violated his rights under the First and Fourth Amendments of the Constitution. Though Mr. Garcia is a member of the press and even identified himself as such, it makes no difference for the First Amendment rights analysis, which is one issue rightfully emphasized in the D.O.J.’s Statement. Importantly, the Statement also expresses “concern” “that discretionary charges, such as disorderly conduct, loitering, disturbing the peace, and resisting arrest, are all too easily used to curtail expressive conduct or retaliate against individuals for exercising their First Amendment rights.”
-People's Law Office
We have the First Amendment. We are all now journalists. The Internet truly gives citizens freedom of the press.
It is lawful to film/photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.
Recording on private property is another story. Property owners might set their own restrictions, which would then prevent a person from filming or photographing.
Police are not legally allowed to delete content on your device, but if they illegally confiscate your camera and they discover something incriminating them to misconduct, you can bet they will delete the recording-thus destroying any evidence. Therefore you might consider using an app that allows you to live stream video straight to the internet. Cop Block and Live Leaks are popular choices.
Police can legally order citizens to stop filming or photographing activities if they are interfering with law enforcement’s job. So make sure you are not impeding police from doing their job.
“If you ever listened to a chase, especially involving a helicopter, you will often hear the pilot or spotter continually reminding all officers (it does make cops mad when people run especially in high speed chases) that the camera is rolling several times especially when they are close to making the apprehension, This is obviously done to warn the officer they are being filmed and if they use excessive force it will be recorded and the media will be able to obtain a copy.