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Thread: "A Due Process Right to Record the Police" available for download

  1. #1
    Campaign Veteran skidmark's Avatar
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    "A Due Process Right to Record the Police" available for download

    A Due Process Right to Record the Police - downloadable at http://papers.ssrn.com/sol3/papers.c...act_id=2043907

    Washington University Law Review, Vol. 89, No. XXX, 2012

    Abstract:
    There has been considerable discussion of citizens' First Amendment right to record the police. This essay, however, argues that independent of any First Amendment right, there is also a due process right to record the actions of law enforcement, and that this right applies even when the interaction takes place in private, and not in public places. This question of a due process right to record the police has not yet produced the degree of attention and litigation that public recording has, but the growth of inexpensive recording equipment and its inclusion in smart phones ensures that such attention and litigation are sure to be forthcoming.


    Number of Pages in PDF File: 8


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  2. #2
    Regular Member sudden valley gunner's Avatar
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    Thank you Skid!
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  3. #3
    Regular Member Motofixxer's Avatar
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    I've also wondered about the issue of a 14th amendment violation. Denying regular people the ability to record is creating a special group that can record but not be recorded. A special class of citizen.
    Last edited by Motofixxer; 05-17-2012 at 03:12 PM.
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    Regular Member OC for ME's Avatar
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    Tangentially related.

    http://www.sfgate.com/cgi-bin/articl...a072731D42.DTL

    A recording device seems to be handy regardless of the circumstances where LE is concerned.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  5. #5
    Regular Member sudden valley gunner's Avatar
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    Thanks again for the link Skid, I read the article and and plan on reading it again and again. I knew there was something else there and in some Washington decisions they hint that it don't apply to public officials acting in official capacity, but never expresses it definitively. This paper draws a very good legal conclusion on why we have a due process right to record.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  6. #6
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    That hurt my head, but I Liked it. I think they are on to something big.

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