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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 . |
#2
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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. |
#3
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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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all lame states anyhow. |
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#6
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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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Grumpy Old Diesel Owners Club group I no longer question authority, I annoy authority. More effect, less effort.... 1967 230-6 auto parts car. rust bucket. 1980 300D now parts car 800k miles 1984 300D 500k miles 1987 250td 160k miles English import 2001 jeep turbo diesel 130k miles 1998 jeep tdi ~ followed me home. Needs a turbo. 1968 Ford F750 truck. 6-354 diesel conversion. Other toys ~J.D.,Cat & GM ~ mainly earth moving |
#7
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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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1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13 |
#8
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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
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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. |
#10
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"Senior Luna, your sense of humor is still loco... but we love it, anyway." -rickymay ____ "Your sense of humor is still loco... " -MBeige ____ "Señor Luna, your sense of humor is quite järjetön" -Delibes 1982 300SD -- 211k, Texas car, tranny issues ____ 1979 240D 4-speed 234k -- turbo and tuned IP, third world taxi hot rod 2 Samuel 12:13: "David said to Nathan, “I have sinned against the Lord.” And Nathan said to David, “The Lord also has put away your sin; you shall not die." |
#11
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Good to know. Thanks for the post.
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#12
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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. |
#13
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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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DrDKW |
#14
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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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have no worries.....President Obama swears "If you like your gun, you can keep it |
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