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Cops getting tired of being recorded behaving badly

skiingislife725

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I believe you mean RCW 9.73.030? But anyhow, I totally agree with you. That article you linked is very disturbing. As one commenter said, "Who's going to watch the watchmen?"
 

killchain

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skiingislife725 wrote:
I believe you mean RCW 9.73.030? But anyhow, I totally agree with you. That article you linked is very disturbing. As one commenter said, "Who's going to watch the watchmen?"
People who read the graphic novel. :p

But srsly. You're right.
 

ChuckUFarley

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They’re getting pissed off because video is the only way they are being held accountable. Most of the Unlawful things police do and the brutal way they treat people are swept under the rug and there is no accountability. The police chiefs, prosecutors and Judges mostly turn a blind eye to police brutality, so people started recording and posting on YouTube to force the city and police to do something about it.

So this whole wiretapping or eavesdropping laws they claim as justification to arrest and steal your camera, which most of the time miraculously ends up deleted, is a BS way of skirting expectation of no privacy on public streets.
 

John Hardin

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nofoa wrote:
I thought Washington was a 1 party concent state. So long as you know a video is going its lawful.
Nope. All parties must consent to recording a private conversation unless it's something like threats or late night harassment calls.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.73.030

The general way to obtain consent is to say (and record!) "I am recording this conversation" and if they keep talking they're assumed to have given consent to the recording.

The "no assumption of privacy" in an official interaction with LEOs is from a 9th Circuit decision ( http://otd.oyez.org/articles/2004/12/13/devenpeck-gerald-et-al-v-alford-jerome-12132004 ); it should be made explicit.

What's amusing is there does appear to be an assumption of privacy going the other direction... http://www.allbusiness.com/services/legal-services/4079292-1.html
 

killchain

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John Hardin wrote:
nofoa wrote:
I thought Washington was a 1 party concent state. So long as you know a video is going its lawful.
Nope. All parties must consent to recording a private conversation unless it's something like threats or late night harassment calls.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.73.030

The general way to obtain consent is to say (and record!) "I am recording this conversation" and if they keep talking they're assumed to have given consent to the recording.

The "no assumption of privacy" in an official interaction with LEOs is from a 9th Circuit decision ( http://otd.oyez.org/articles/2004/12/13/devenpeck-gerald-et-al-v-alford-jerome-12132004 ); it should be made explicit.

What's amusing is there does appear to be an assumption of privacy going the other direction... http://www.allbusiness.com/services/legal-services/4079292-1.html
Yup.

When I was a kid my Mom recorded someone on the phone without telling them. NOT a good idea. Only reason it didn't bite her in the end was because the second party didn't want to press charges.
 

TechnoWeenie

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John Hardin wrote:
The "no assumption of privacy" in an official interaction with LEOs is from a 9th Circuit decision
There is no such thing...

Read carefully.



The 9th Circuit concluded that tape recording police officers during a traffic stop is not a crime in Washington State because a traffic stop does not constitute a private conversation.

A traffic stop is PUBLIC, as it is in a PUBLIC area...Hence, there is no expectation of privacy.

Had nothing to do with acting in an official capacity, and everything to do with the fact that recording WAS NOT MADE WHERE PRIVACY EXISTS OR IS EXPECTED.

I think it's funny that the officers claim that the stop is 'private', yet want to record the stop on their cameras, essentially violating their own law.
 

Citizen

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gogodawgs wrote:
SNIP I have real problems with using the color of law and also his reference to he was a Marine...therefore .....
A real holier-than-thou attitude. "I got shot at to defend your rights, so I get to tell you what your rights are."

An embarrassment to Marines, I can tell you that.

Worse, though, is his enforcing his opinion. No authority. The cop even said he didn't care, in response to the videographer telling him it wasn't against the law.
 

sudden valley gunner

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Techno brings up some good points, but I don't think it's a far leap to say when a public official is acting in public capacity doing a public job none of his conversations with "us" the public would be considered private.

Then again wouldn't mean we can record a call to their spouse, or them using the restroom, or something else that would be considered explicitly private.

I went through this with building inspectors, and was told I don't have to have their permission to record them on my jobs in their public capacity and this was from the city's lawyer. The inspector had walked off and were refused to do my inpsections because I was recording them. (long story why)

I had the most pleasant inspections after that.
 

Metal_Monkey

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I am tired so please excuse me if this isn't very clear. If officers can't be filmed by these so called laws....wouldn't that mean they can't use recordings of you without your consent? Not that would ever happen, but in theory?
 

Jayd1981

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gogodawgs wrote:
The police don't like it...

http://www.youtube.com/watch?v=jftEaxFJNWg&feature=player_embedded

I have real problems with using the color of law and also his reference to he was a Marine...therefore .....

Who is to say the photographer was not also in the service?

Thanks for that link. I watched all his videos and I got to give it to him. He is standing up for his 1st amendment rights, just like we stand up for our 2nd amendment rights. Looks like he goes through a lot of hassels to expose officers harrassment and I'm glad there are people willing to do that. And the cop in that link is an idiot. Military service does not mean you can make up your own laws, nor does it mean the public owes you anything. I served our country myself, but do not request citizens give me any special privilages for doing so, I did so out of my own free will because it was something I wanted to do. I am grateful for all our veterans, but to use your status like he did is disgraceful. On a side note, thank you to all of you who are veterans or currently serving our grate country. Your sacrifices are very much appreciated.

Edit: Also to the police officers who do thier best to protect and serve without infringing on citizens rights, thank you too. I know the police that go beyond the law are not the majority. I only wish all officers were professional in thier duties.
 

amlevin

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If Law Officers are upset about being recorded while abusing their powers, then perhaps they should stop doing so. Just being a little "rough" while arresting a suspect does not, to me, constitute abuse. The additional "touches" administered once the suspect is under their control do. Nothing wrong with a little "video truth".

Be sure and note that there are far more LEOs that DON'T beat on their arrested subjects. Just those that think they are immune to the rules because they wear the badge and thankfully they are in the mnority. The more they are exposed by video's like the recent one in Seattle, the less chance they will be allowed to continue their careers.
 

amzbrady

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Marysville, Washington, USA
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Another cop ona power trip getting mad because someone is contesting his knowledge and authourity. Would have been good to see the supervisor show up and to see what he would have had to say. That guy handled that very well, they should give the officers some maturity training and help them with their listening skills.
 

Aaron1124

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I'm honestly not biased because I'm going in to the field, but I always here these reports and stories of how law officers get offended when they're being video recorded or photographed in the midst of their work, or are harassing open carriers, among other things, but I've never myself had a negative encounter, and none of my friends or family members have ill feelings toward open carriers. In fact, most of them went in to law enforcement because they support the U.S. Constitution.
 

END_THE_FED

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amlevin wrote:
If Law Officers are upset about being recorded while abusing their powers, then perhaps they should stop doing so. Just being a little "rough" while arresting a suspect does not, to me, constitute abuse. The additional "touches" administered once the suspect is under their control do. Nothing wrong with a little "video truth".

Be sure and note that there are far more LEOs that DON'T beat on their arrested subjects. Just those that think they are immune to the rules because they wear the badge and thankfully they are in the mnority. The more they are exposed by video's like the recent one in Seattle, the less chance they will be allowed to continue their careers.
I tend to agree that the abusive LEO are in the minority, I just wish that the majority did a little more sometimes to call out the minority and keep them in line, instead of turning a blind eye. Hopefully these videos and the public awareness they create can give them a bit of inspiration and incentive to do so.
 

John Hardin

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TechnoWeenie wrote:
Had nothing to do with acting in an official capacity, and everything to do with the fact that recording WAS NOT MADE WHERE PRIVACY EXISTS OR IS EXPECTED.
I think there was also a WA SC ruling that stated the "official capacity" reasoning, but I didn't find a reference quickly enough.

Regardless, it should be made explicit.
 
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