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Recording Police Officer

O

okayrespond

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Joined
May 5, 2013
Messages
5
Location
WA
I see all these videos about people videotaping police officers while being stopped for OCing. I was wondering, because i can't find it online nor do i wanna break the law when the police officer tells me to turn it off and I don't. Can someone send me the link or know the law on videotaping police officers? Thank You.
 
A

Amicus

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May 3, 2013
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WA State
This link provides some good information how the courts have ruled in regards to recording LE.
http://www.dmlp.org/legal-guide/recording-police-officers-and-public-officials

It has been fairly common for LE to try to cite people under state wiretap laws but such tactics usually fail a constitutional challenge. Robinson v. Fetterman, 378 F. Supp. 2d 534 - Dist. Court, ED Pennsylvania (2005) is a particulaly interesting example.
 
Schlepnier

Schlepnier

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May 12, 2011
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Yelm, Washington USA
One of the newest ones in the case of Glick V commonwealth the 1st circuit ruled whiles citing the 4th circuit and other such cases made it very clear

""The First Amendment issue here is, as the parties frame
it, fairly narrow: is there a constitutionally protected right to
videotape police carrying out their duties in public? Basic First
Amendment principles, along with case law from this and other
circuits, answer that question unambiguously in the affirmative."

(Boston, AUG 26 2011)
 
A

Amicus

Regular Member
Joined
May 3, 2013
Messages
33
Location
WA State
Schlepnier said:
One of the newest ones in the case of Glick V commonwealth the 1st circuit ruled whiles citing the 4th circuit and other such cases made it very clear

""The First Amendment issue here is, as the parties frame
it, fairly narrow: is there a constitutionally protected right to
videotape police carrying out their duties in public? Basic First
Amendment principles, along with case law from this and other
circuits, answer that question unambiguously in the affirmative."

(Boston, AUG 26 2011)
Click to expand...

The case is actually entitled:
Glik v. Cunniffe, 655 F. 3d 78 - Court of Appeals, 1st Circuit (2011)
 
Last edited:
Lante

Lante

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May 27, 2009
Messages
122
Location
Kingston, Washington, USA
In Washington the most frequently cited case is 68 Wn. App. 802, 845 P.2d 1355, STATE v. FLORA (look it up here http://www.mrsc.org/wa/courts/index_dtsearch.html) The previous posters link was to the wrong Flora case.


Federal appellate courts have upheld a First Amendment right to record police in cases including Glik v. Cunniffe in 2011, Smith v. Cummings in 2000 and Fordyce v. City of Seattle in 1995, all of which Justice cites in its statement in the Garcia case.


Redmond Police Chief Ron Gibson said a 30-day internal investigation determined Officer Bill Corson was out of line when he told the cyclist, Stephen Kent of Seattle, that he did not have a legal right to record their interaction. "The Redmond Police Department recognizes that citizens may record or photograph police activities in public as long as they remain at a reasonable distance, don’t interfere with the employee’s duties and responsibilities, and do not create a safety concern for the employee, person detained, or other persons," Gibson wrote. "The Redmond Police Department acknowledges the public has a right to record the activities of their police and that we are subject to public scrutiny as we carry out our duties to the citizens of Redmond." By Caitlin Moran July 3, 2012 http://redmond.patch.com/articles/r...as-a-right-to-record-interactions-with-police


Hope this helps!
 
Difdi

Difdi

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Joined
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Messages
987
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Seattle, Washington, USA
okayrespond said:
I see all these videos about people videotaping police officers while being stopped for OCing. I was wondering, because i can't find it online nor do i wanna break the law when the police officer tells me to turn it off and I don't. Can someone send me the link or know the law on videotaping police officers? Thank You.
Click to expand...

A police officer who orders you to stop exercising a constitutional right has committed a federal crime (18 USC 242), worth a year in federal prison if convicted. If he threatens or uses a dangerous weapon (a TASER counts) to compel compliance with his unlawful order the penalty is enhanced to 10 years (a felony by any standard).

He can legally seize the camera incidentally to a lawful arrest but must secure it just as he must secure your wallet when taking you into custody. A police officer who has probable cause to believe the recording is evidence of a crime that would be destroyed if he does not act can seize it, but must secure a warrant afterwards in order to lawfully view it. To compel you to provide a copy requires a subpoena. To delete anything from the camera requires a court order, otherwise it is destruction of evidence. If you are recording for journalistic purposes or with intent to publish the video (even if just an upload to YouTube) the camera has additional legal protections and cannot be lawfully seized even with a warrant, though a subpoena demanding a copy of the video remains possible.

I've never been able to find anything in Washington statutes or case law that says citizen's arrests can only be made for violations of state statutes. While a simple oral directive to stop exercising a right is only a misdemeanor and does not breach the peace, a threat of a dangerous weapon is both a breach of the peace and a felony. Assaulting someone while enforcing an unlawful order is also a breach of the peace (for example, knocking a camera out of someone's hands).

The FBI has a good page on the various rights violation offenses:

http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes#section242
 
EMNofSeattle

EMNofSeattle

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Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Difdi said:
A police officer who orders you to stop exercising a constitutional right has committed a federal crime (18 USC 242), worth a year in federal prison if convicted. If he threatens or uses a dangerous weapon (a TASER counts) to compel compliance with his unlawful order the penalty is enhanced to 10 years (a felony by any standard).

He can legally seize the camera incidentally to a lawful arrest but must secure it just as he must secure your wallet when taking you into custody. A police officer who has probable cause to believe the recording is evidence of a crime that would be destroyed if he does not act can seize it, but must secure a warrant afterwards in order to lawfully view it. To compel you to provide a copy requires a subpoena. To delete anything from the camera requires a court order, otherwise it is destruction of evidence. If you are recording for journalistic purposes or with intent to publish the video (even if just an upload to YouTube) the camera has additional legal protections and cannot be lawfully seized even with a warrant, though a subpoena demanding a copy of the video remains possible.

I've never been able to find anything in Washington statutes or case law that says citizen's arrests can only be made for violations of state statutes. While a simple oral directive to stop exercising a right is only a misdemeanor and does not breach the peace, a threat of a dangerous weapon is both a breach of the peace and a felony. Assaulting someone while enforcing an unlawful order is also a breach of the peace (for example, knocking a camera out of someone's hands).

The FBI has a good page on the various rights violation offenses:

http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes#section242
Click to expand...

I would be incredibly hesistant to employ force against a police officer on the grounds that I am "arresting" him for committing a "felony" of "violating my rights" furthermore the Washington Statute requires that as soon as possible that you deliver the arestee to an authority competent to recieve them. so you're going to stuff the officer in your trunk and drive out to the Federal Court house and deliver him to Jenny Durhkan's office?

you better hope you're damn right about that because assaulting, restraining, and disarming an officer, regardless of circumstance, is going to land you in jail on multiple felony charges guaranteed.
and if a court somehow rules the original stop WAS legal.... well do not pass go, do not collect $200

I'd much rather use the courts for the purpose of rights violations..... officers get fired all the time for rights abuses actually... eventually a truly corrupt officer will be punished for their various misdeeds. eventually the officer will steal a pack of french fries from a car wreck victim and get fired, or strip search women in Texas and get charged....
 
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