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  #1  
Old 11-20-2013, 04:55 PM
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Federal Court Rules Videotaping Police Is A First Amendment Right

Yes, you have the constitutional right, despite what individual officers say or think...

Supreme Court Upholds Legality of Videotaping Police » Courtroom Strategy by Attorney Oscar Michelen

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  #2  
Old 11-20-2013, 05:09 PM
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Quote:
It is now technically legal to record on-duty police officers in every state in the country.
Well, no, not really.

The guy may be an attorney, but he's not a constitutional attorney.

According to his article, two circuit courts (first and seventh) have ruled that the right to free speech encompasses audio/video recording of police. The SCT denied cert on an appeal out of the seventh circuit.

That means that in the states covered by those rulings (Illinois, Indiana, Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island, Wisconsin), it is legal to record on-duty police officers.

Regardless of his use of the word "technically", the fact that the SCT denied cert on one of the cases doesn't mean it's the law everywhere in the US. Denial of cert has no legal effect whatsoever. It's the same thing as if no appeal had been submitted.

His underlying point (that you may still be arrested and harassed for doing so) is a valid one, though, and it's a sad commentary that cops don't like being taped enough to arrest someone for it.
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  #3  
Old 11-20-2013, 05:14 PM
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Hmm

Thank you.
I would like to understand more on how this shakes out nationally.

Having been harassed several times, it is personally interesting.

.
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  #4  
Old 11-20-2013, 05:14 PM
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Quote:
Originally Posted by Can't Know View Post
Well, no, not really.

The guy may be an attorney, but he's not a constitutional attorney.

According to his article, two circuit courts (first and seventh) have ruled that the right to free speech encompasses audio/video recording of police. The SCT denied cert on an appeal out of the seventh circuit.

That means that in the states covered by those rulings (Illinois, Indiana, Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island, Wisconsin), it is legal to record on-duty police officers.

Regardless of his use of the word "technically", the fact that the SCT denied cert on one of the cases doesn't mean it's the law everywhere in the US. Denial of cert has no legal effect whatsoever. It's the same thing as if no appeal had been submitted.

His underlying point (that you may still be arrested and harassed for doing so) is a valid one, though, and it's a sad commentary that cops don't like being taped enough to arrest someone for it.
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  #5  
Old 11-20-2013, 07:46 PM
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Quote:
Originally Posted by whunter View Post
Yes, you have the constitutional right, despite what individual officers say or think...

Supreme Court Upholds Legality of Videotaping Police » Courtroom Strategy by Attorney Oscar Michelen

.
Good ruling.
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  #6  
Old 11-20-2013, 07:48 PM
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Quote:
Originally Posted by whunter View Post
Thank you.
I would like to understand more on how this shakes out nationally.

Having been harassed several times, it is personally interesting.

.
Hard to believe that a good bloke like you Roy would be harassed by the PD.
Maybe they have lowered their standards way too much on who they hire.

I have a cheap in car cam. the couple of times that I have been randomly stopped, i turn it so that it films where I will be standing on the foot path. if asked about it, I would just say it is always filming.
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  #7  
Old 11-20-2013, 07:53 PM
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Citizen got the crap beaten out of him by cops in Denver a couple of years ago for filming them arresting someone else.

http://www.ebaumsworld.com/video/watch/81072399/
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  #8  
Old 11-20-2013, 09:25 PM
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If you are videotaping in a big city with a lot of people witnessing it or on a busy road or highway, it may not be a problem. Try videotaping the cops out on a country rural road with nobody else around and they might give you a Rodney King style beat down.
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  #9  
Old 11-20-2013, 09:37 PM
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Quote:
Originally Posted by kerry View Post
Citizen got the crap beaten out of him by cops in Denver a couple of years ago for filming them arresting someone else.

Denver Cops Beat Another Man - Video
The man with the video should have waited for the cops to LEAVE, then make his offer of being willing to appear in court on behalf of the ticketed motorist. That way, he would have been out of ear shot of the cops and would not have been subjected to a Rodney King style beating.

In addition, if the motorist could locate any other witnesses to the traffic stop that might be willing to appear in court, better yet.

Some cops run HOT as in HOT tempered and will snap at a moment's notice. This man is very fortunate that they didn't shoot him.
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  #10  
Old 11-20-2013, 09:53 PM
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Quote:
Originally Posted by panZZer View Post
all lame states anyhow.
Hey now .
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  #11  
Old 11-21-2013, 08:45 AM
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Good to know. Thanks for the post.
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  #12  
Old 11-22-2013, 09:01 PM
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Should be legal everywhere. Does Canada have this law too? Is there some way of tying taxpayor dollars to their service for the city you live in as a checks and balance system, to offer accountability, for what taxpayor dollars are being spent on in each area of police work. Is that a police commision?

Could that eliminate corruption.

The city is taping YOU with your taxpayor dollars, red light and in car cameras..... How do television shows like cops exist. If one policeman is taped, why do they think they can choose which policeman is taped? The same principle should be applied.

Do they (the police) subject themselves to a certain amount of expected public scrutiny, just as they would accept perceived heroizm, when they sign on as a police officer in the first place. I think when you sign on as a police officer then it is implied consent that we may be recording them, as well, especially now that they are recording us.

They may be recording you on a voice recorder and justify it in order to "help them with their paperwork" How do we know...guess they don't need to justify it since they already have been doing this awhile.

Should we be allowed equal opportunity to record them if we are allowed the right to an impartial trial.

Should'nt a police officer if he is using these tactics against you expect you could be using the same thing on your behalf....should the need arise.

Why if he is following the law of good conduct as a policeman need to be fearull or object to being recorded in their job in the first place.
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  #13  
Old 11-23-2013, 07:26 AM
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Some states are very aggressive towards citizens videotaping cops.
A few years ago, Maryland state police stopped a helmet-cam wearing motorcyclist for reckless driving. Later, when the video of the plainclothes officer with his gun drawn hit YouTube, they charged the biker with felony wiretapping, with a possible 16 year sentence!
The charge was dropped after the story hit the news-media.

Happy Motoring, Mark
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  #14  
Old 11-23-2013, 05:17 PM
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In the "firearm community" (quoted because it's a stupid media-invented term), people have been fighting the police about this for awhile. It's amazing just how ill-informed the police generally are. They seem to thrive on making up laws as they go, such as it being illegal to open carry a firearm when you have a CC license or permit. This debate has happened many times in many different areas of PA. Video tapes of it, and of cops being general douche bags about it have popped up all over the internet.

I love it!!
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  #15  
Old 11-23-2013, 05:25 PM
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Quote:
Originally Posted by jplinville View Post
In the "firearm community" (quoted because it's a stupid media-invented term), people have been fighting the police about this for awhile. It's amazing just how ill-informed the police generally are. They seem to thrive on making up laws as they go, such as it being illegal to open carry a firearm when you have a CC license or permit. This debate has happened many times in many different areas of PA. Video tapes of it, and of cops being general douche bags about it have popped up all over the internet.

I love it!!
i love the "we stopped you because people have called us in fear due to the pistol on your side".

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