"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.cfm?abstract_id=2043907

[FONT=Myriad Roman, Arial, Helvetica, Sans-serif;]Washington University Law Review, Vol. 89, No. XXX, 2012[/FONT]

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Abstract:

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[FONT=Myriad Roman, Arial, Helvetica, Sans-serif;]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.

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[/FONT][FONT=Myriad Roman, Arial, Helvetica, Sans-serif;]Number of Pages in PDF File: 8

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[FONT=Myriad Roman, Arial, Helvetica, Sans-serif;]stay safe.[/FONT]

Thank you Skid!

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.

Tangentially related.

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/16/national/a072731D42.DTL

A recording device seems to be handy regardless of the circumstances where LE is concerned.

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.

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