So Much for Videotaping the Police

[jk]

Well, sure enough, we have turned into a totalitarian society.

http://gizmodo.com/5553765/are-cameras-the-new-guns

But I presume this will not work the other way around. Mind you, they are arguing that all parties to a recording must give permission. I am sure there is a special exemption for the cops recording the citizens though.

[NCC 1701]

Certainly this will be challenged? sheesh, I hope so, think of some of the cases lately that wouldn't of been prosecuted, like the motorcyclist that got shot in the back and paralysized, so if you videotaped a cop commiting a crime, you could be arrested ...damn

[jk]

well, the guy on the motorcycle that got shot was footage from the cops own car.


and I would hope this gets challenged. I don't know if you read it all but they have stated, in one of the cases, that reporters are exempt because it if obvious they are recording.

If it wasn't obvious these people were recording, they why are they getting arrested for recording. Of course this doesn't include the one guy that got arrested after he put his stuff on Youtube.

[cdwjava]

Given the direction of the courts, I doubt that these attempts at using eavesdropping statutes to get back at those who tape the police will pass muster. I suspect that it will not be long before those 12 states that appear to have these laws will conform to the others and conform to the standard of expectation of privacy and actions in a public place.

[NCC 1701]

well, the guy on the motorcycle that got shot was footage from the cops own car.


and I would hope this gets challenged. I don't know if you read it all but they have stated, in one of the cases, that reporters are exempt because it if obvious they are recording.

If it wasn't obvious these people were recording, they why are they getting arrested for recording. Of course this doesn't include the one guy that got arrested after he put his stuff on Youtube.

They're just being Selective in whom they want to prosecute, I did read the entire article, yes, I read the part about a TV station recording for a possible news story, technically though the cops could arrest them also IF they happen to record the cops, I can't see how videotaping someone outside in a Public place could be illegal

As for the cop that shot the motorcyclist in the back and paralysized him, it looked to me the cop was way hasty in shooting, that's the REAL RISK you run everytime you have an encounter with a cop though; traffic stop, cop can ask for your papers (DL, Reg., Ins) you reach for 'em, and boom; he's shot you a couple times

[jk]

As for the cop that shot the motorcyclist in the back and paralysized him, it looked to me the cop was way hasty in shooting, that's the REAL RISK you run everytime you have an encounter with a cop though; traffic stop, cop can ask for your papers (DL, Reg., Ins) you reach for 'em, and boom; he's shot you a couple times

and the courts agreed. He was found guilty of whatever it was he was charged with and will spend at least 3 years in prison and up to 11.

still doesn't fix the biker that is paralyzed for life.

[NCC 1701]

"still doesn't fix the biker that is paralyzed for life."

Glad you added that last little bit of info, let's see; 3 years in prison (maybe more,maybe not) OR paralyzed for life? Hmmm....let me think; I'm thinking the victim would go after a law suit

[jk]

"still doesn't fix the biker that is paralyzed for life."

Glad you added that last little bit of info, let's see; 3 years in prison (maybe more,maybe not) OR paralyzed for life? Hmmm....let me think; I'm thinking the victim would go after a law suit

I'm sure that is coming as well.

[jdc1244]

From the complaint in the Pennsylvania case, Hookway v. East Vincent Township and Borough of Spring City:

Mr. Hookway has a clearly established right under the First Amendment to express his concern about the performance of public employees and officials, such as Officer Stofflet, to the appropriate governmental agencies or officials, whether his expression takes the form of speech or conduct.

Mr. Hookway also has a clearly established right under the Fourth and Fourteenth Amendments to the United States Constitution to be free from unreasonable seizure of his person, a right that Officer Stofflet violated by pulling him over and detaining him without reasonable suspicion of any wrongdoing to justify his seizure. The actions of Officers Stofflet and Sherman were taken in retaliation for Mr. Hookway’s exercise of his clearly established right under the First and Fourteenth Amendments to the United States Constitution to gather information about what public officials do on public property, and specifically, the right to record matters of public interest such as police activity occurring on a public street. These actions violated Mr. Hookway’s clearly established right to be free from retaliation by public officials for his exercise of his First Amendment rights.

http://www.aclupa.org/downloads/Hook...laintfinal.pdf

The ACLU’s got it absolutely right.

In the settlement, the authorities concede the legality of videotaping the police:

In December 2008, the ACLU of Pennsylvania settled with the East Vincent Township and the Borough of Spring City. As part of the settlement, the East Vincent and Spring City police departments will adopt a written policy confirming that it is legal to videotape police while on-duty and provide training on the policy to its officers. They have also agreed to pay the legal fees Hookway incurred defending himself against the charges, which were eventually dropped. Hookway will also receive letters of apology from the officers involved.

http://www.aclupa.org/legal/legaldoc...enttownshi.htm

[NCC 1701]

Of course it doesn't mean anything, I just can't get over how video taping or taking someone's (cop or not) photo in a public place would be illegal in any way, if that were the case, it have to seem that a cop couldn't randomly video tape you without your permission, and to stretch it out even more, what about the paparazzi that go around taking photos of not only celebs but also of news events and then sell them to the networks?