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Police Officers Seek Right Not To Be Recorded

linzeal writes "When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop. Judges, juries, and legislatures support the police overwhelmingly on this issue, with only a few cases where those accused of 'shooting' the cops being vindicated through the courts."

176 of 1,123 comments (clear)

  1. The steady slide to Police State continues by VShael · · Score: 5, Insightful

    and the general apathetic public sleeps soundly.

    1. Re:The steady slide to Police State continues by Itninja · · Score: 3, Insightful

      Panem et circenses is far more effective than anything else at keep a population quiet and complacent. Now take away their American Idol and fast food....then would see an uprising.

      --
      I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    2. Re:The steady slide to Police State continues by OzPeter · · Score: 5, Funny

      Now take away their American Idol

      Can that really be done??? Please?? Can you do it??

      --
      I am Slashdot. Are you Slashdot as well?
    3. Re:The steady slide to Police State continues by kevinNCSU · · Score: 5, Insightful

      The end of the article mentions districts writing into law that recording on duty policemen is specifically legal as backlash against the courts interpretation of the existing laws. Fixing the laws is our check against the courts faulty interpretation and the police's enforcement. So we can whine on slashdot about the public being apathetic while some people are clearly trying to fix the problem or we can try to get similar laws passed in our states and districts.

    4. Re:The steady slide to Police State continues by Monkeedude1212 · · Score: 5, Interesting

      No kidding.

      FTFA

      In at least three states, it is now illegal to record any on-duty police officer.

      [...]

      Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

      [...]

      Hyde used his recording to file a harassment complaint against the police. After doing so, he was criminally charged.

      And their defense is

      The police are basing this claim on a ridiculous reading of the two-party consent surveillance law - requiring all parties to consent to being taped.

      Does that mean you can break in and rob a store - and if there is security footage, whoever owns the camera is going to jail for 4 years?

      Can I write a legal disclaimer that simply by looking at my face you agree to allow me to record footage of you, and post this disclaimer on my T-shirt?

    5. Re:The steady slide to Police State continues by Monkeedude1212 · · Score: 5, Informative

      One last tidbit from the article worth reading

      For the second time in less than a month, a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man."

    6. Re:The steady slide to Police State continues by surmak · · Score: 5, Insightful

      what slide? in each of those cases the person violated a law. the NYC one was by a bunch of idiots called Critical Mass who think it's OK to disrupt traffic. they deserve to get beat down for what they do. ...

      Nobody deserves to get beat down by the police. They perhaps deserve to be arrested with the minimal amount of force and violence required to effect the arrest, and then detained in a safe facility (safe from both other detainees and staff) until they are released on bail or finish serving their sentence.

    7. Re:The steady slide to Police State continues by Darkness404 · · Score: 5, Insightful

      ...Just as tolerant as we are now.

      The root part of the problem is our absurdness in our culture thinking that if you don't have something to hide then the police are our friends rather than the unelected, abusive, thugs they really are. Shows like 24 epitomize this, that police are hindered by laws and the "bad guys" get away the more we enforce the constitution. What we really need for change is showing the evils of the police department, sort of an anti-COPS show, showing abuses in the police system to innocent people.

      --
      Taxation is legalized theft, no more, no less.
    8. Re:The steady slide to Police State continues by Shakrai · · Score: 4, Insightful

      so is selling crap on the street with no license

      The nerve of someone to want to engage in commerce without first obtaining permission from the government.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:The steady slide to Police State continues by c00rdb · · Score: 3, Informative

      Check out "The Wire". Amazing show.

    10. Re:The steady slide to Police State continues by Razalhague · · Score: 4, Insightful

      We're a prozac and adderal nation now.

      Bread and circuses isn't exactly a new invention.

    11. Re:The steady slide to Police State continues by Stenchwarrior · · Score: 3, Insightful

      We need more Dexters out there.

      --
      Loading...
    12. Re:The steady slide to Police State continues by Rusty+KB · · Score: 3, Insightful

      You don't have to watch it, no. But trying to avoid all the drivel that surrounds it is nigh on impossible...

    13. Re:The steady slide to Police State continues by Pictish+Prince · · Score: 5, Insightful

      [...]
      What we really need for change is showing the evils of the police department, sort of an anti-COPS show, showing abuses in the police system to innocent people.

      It's called YouTube.

      --
      Only his tendency toward a dazed stupor prevented him from screaming aloud.
    14. Re:The steady slide to Police State continues by MozeeToby · · Score: 5, Insightful

      People wouldn't get it, if they would they'd already be pissed off just watching plain old regular COPS. It happened to be on when I turned on the TV one day and I left it on while I cooked supper. Well, for the first 10 minutes anyway, after that I turned it off in disgust. They followed some pedestrian for 3 blocks until he crossed the street int he middle of a block (not even jaywalking by most definitions) then demanded to see ID (which he didn't have), threatened to arrest him for not having ID, then did arrest him when he tried to walk away, and nearly arrested his mother when she came out to see what was going on. I haven't been that mad at my TV since my sister watched three straight episodes of "My Super Sweet 16" when I was visiting her.

    15. Re:The steady slide to Police State continues by Darkness404 · · Score: 2, Insightful

      The people though who watch YouTube videos of things like that though are already the people who know we need to limit the power of the police force. The problem is, Joe 40 year old voter doesn't watch YouTube videos, might read a few liberal or conservative blogs, and watches lots of TV. They would watch shows like 24 and COPS but if there was a show on a major network showing abuses of police power almost exactly like COPS only then examining the cops and showing they were doing nothing wrong.

      The average person who would watch YouTube footage of police abuse, Wikileaks coverage of governmental abuse and keeps up to date with general internet buzz already knows about abuses of power. Sadly though, there are a lot more 30-100 year olds out voting for more police power based on media brainwashing than 18-29 year olds who know about the abuses of power, thus those who care about removing abuses of power always get outvoted.

      --
      Taxation is legalized theft, no more, no less.
    16. Re:The steady slide to Police State continues by Dishevel · · Score: 5, Insightful
      Some police officer are awesome people who risk their lives to protect others.

      Some police officers are horrible little bastards that abuse their power and terrorize citizens.

      Most police officers are unionized government workers getting a check and protecting all their buddies no matter what they have done.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    17. Re:The steady slide to Police State continues by TheLoneDanger · · Score: 4, Informative

      There's always the now-concluded and consistently excellent The Shield, based off of the real-life Rampart Division of the LAPD.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    18. Re:The steady slide to Police State continues by Dishevel · · Score: 3, Interesting

      Hmmmm . . . an armed revolution because the police don't want to be videotaped.

      No. But a revolution because elected officials do not represent the citizens, because the courts and politicians support the police being able to secret violate your rights, because unions and big business get to make law, because we are 13 TRILLION dollars in debt and all they want to do is spend more money on government / union programs, because everytime you bitch about their spending they threaten to cut infrastructure and police and firemen not union contracts and new cars for the politicians.

      Look at the whole picture.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    19. Re:The steady slide to Police State continues by morgan_greywolf · · Score: 2, Interesting

      The problem is, Joe 40 year old voter doesn't watch YouTube videos, might read a few liberal or conservative blogs, and watches lots of TV.

      [citation needed]. Seriously. YouTube is very, very mainstream, and virtually every single one of my non-geek-friends regularly watches videos on YouTube and most probably watch YouTube videos even more than I do. (And it may surprise you, but I'm almost 40. Now get off my lawn.)

      You're right about mainstream America watching lots of TV, but even TV is increasingly showing things like police brutality more and more. It's definitely on the mainstream news channels.

      But voters are increasingly aware of the problems surrounding police brutality and have been demanding action from politicians for years.

    20. Re:The steady slide to Police State continues by Hijacked+Public · · Score: 5, Informative

      It is an odd paradox that the further people are removed from having used the ammo box the more they see it as some sort of solution to tyranny. Ask Randy Weaver's wife how well that worked out. Or David Koresh.

      I have considerable deployment time as a scout sniper in the USMC and I regularly shoot in long range tactical matches. Usually place well. Knowing what I know about the force capability of even the national guard, I have 0% interest in joining some kind of armed insurrection put together by a bunch of weekend shooters with instruction jackets that consist of having watched a Magpul video and accumulated 1000 posts on gun forums.

      People who don't know their stuff think it sounds really awesome printed on a flag or the like, but those of us who've seen the elephant hope you all concentrate really hard on the first couple of boxes.

      --
      "Sacrifice for the good of The State" - The State
    21. Re:The steady slide to Police State continues by Anonymous Coward · · Score: 5, Informative
    22. Re:The steady slide to Police State continues by misexistentialist · · Score: 5, Insightful

      Something tells me that electing cops would not make them more accountable or ethical.

    23. Re:The steady slide to Police State continues by Wyatt+Earp · · Score: 2, Insightful

      We did have those in the US. The Wire showed the press, police, gangs, education and drug dealing without any pretense or spin to the factions.

      The Shield showed renegade LAPD set in a fictionalized version of the Rampart Division doing the sorts of things LAPD Rampart Division.

      Southland is pretty good at showing the grey area big city police (again, LADP) operate in without glamorizing the department, but just show the people who work there.

      Although 24 wasn't about police, it CTU was a Federal counter-terror unit, part FBI and part NSA. Federal Law Enforcement are not police.

      I don't trust the police, but I don't think they are "unelected, abusive, thugs" by any means. I've had my run-ins with the police (tribal and state) and actually been arrested for things I didn't do, the "abuse" I got if I did suffer abuse was at the hands of the judiciary, not the police.

    24. Re:The steady slide to Police State continues by Heather+D · · Score: 2, Insightful

      No. What we need is a dose of reality. The police generally aren't abusive thugs and they aren't paragons either. They're people and people and people sometimes abuse power when tempted to do so. The problem is the attitude we seem to have that there can be only two sides to every problem. Either you are for police power or for the criminals, or so the 'thinking' goes. As long as we have that choice we'll go for police power even past the point where it's really wise to do so.

    25. Re:The steady slide to Police State continues by mdarksbane · · Score: 5, Insightful

      I've been completely happy with my interactions with cops here in the US. Every time I've been pulled over (for legitimate speeding) the cop was polite and nice, didn't throw his authority around. Another time one helped me catch a neighbor's horse that had gotten loose.

      The problem is not that cops are bad guys, any more than anyone else is a bad guy. The problem is that they have an enhanced ability to be a bad guy and get away with it.

    26. Re:The steady slide to Police State continues by Chas · · Score: 5, Insightful

      Your mistake is that of the revolutionary war generals placed in modern combat.
      Or that of the WWI commander trying to fight WWII on the Maginot Line.

      Combat nowadays is rarely a contiguous "front".

      The idea that an armed insurrection is going to simply band together and stand across the field from an Army unit with tanks and field emplacements and "trade volleys" is ludicrous.

      An armed insurrection nowadays is going to be a guy with a gun popping important people (or people he thinks are important).
      And while he's probably a dead man for doing so, he can inflict an inordinate amount of casualties before they finally stop him.
      Honestly, if you were concealed, and didn't care about prolonging your life, how many people could you kill off before someone found you and ended you?
      Or better yet, if you didn't care about prolonging your life, how many people could you kill in a group simply by walking up innocuously and unloading?

      Wow, the police killed ONE WHOLE GUY! How many people did he wound or kill outright before that?
      And do they know he was part of an armed insurrection or just somebody gone postal with a gun?

      THAT is what the government is going to have to put up with, if it ever REALLY comes to an armed insurrection. Afghanistan in their own back yards.
      But worse. Because EVERYONE looks just like you!

      --


      Chas - The one, the only.
      THANK GOD!!!
    27. Re:The steady slide to Police State continues by nschubach · · Score: 2, Insightful

      It's all fine and well to sit here thinking of the situations where it could be good or bad, but you never really know until that situation happens.

      But to answer your question: One would have to question the mentality/stability of the person who didn't run away. How many other people did or would they attack and harm? Maybe it's better for society in general for me to go through the process (and anguish?) of having to defend myself mentally and legally to confront that element rather than letting them continue as if nothing can stop them.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    28. Re:The steady slide to Police State continues by delvsional · · Score: 4, Insightful

      You're still taking yourself seriously? Sorry, I stopped giving you the benefit of doubt at "the unelected, abusive, thugs they really are". If you want people to start listening, you have to stop ranting like a lunatic.

      Sorry, but I thought he was spot on. I have seen cops blow through lights and stop signs with their lights on, only to flip the lights off and slow down a block later because they didn't feel like waiting to cross a road.

      I personally know cops and other law enforcement that see the constitution only as some kind of barrier to their fun. I didn't elect these thugs and I don't need them to protect me.

      Police aren't there to protect you. They come after you've already been assaulted and robbed or otherwise violated and investigate. Usually they take your report, file it, and never think about it again. Unless it's a murder or other forcible felony, you're never going to hear another word about it.

      --
      Oh Crap, I'm an optimist.....
    29. Re:The steady slide to Police State continues by Anonymous Coward · · Score: 2, Funny

      I've been completely happy with my interactions with cops here in the US. Every time I've been pulled over (for legitimate speeding) the cop was polite and nice, didn't throw his authority around.

      You must be white.

    30. Re:The steady slide to Police State continues by dgatwood · · Score: 4, Insightful

      In this case, that attitude is right. While on the job, you are responsible to your employer, and you have no inherent right to privacy. Sure, you can argue that you should be granted some privacy to make it a non-hostile work environment, but ultimately that is a privilege, not a legal right. It starts to get dicey when you're talking about ostensibly personal communication while physically at a work site, but that's not what we're talking about here. Nobody would ever be able to successfully sue for a privacy violation if he/she got fired for stripping nude in front of a security camera. That's essentially the level of privacy we're talking about here---overt activity in a public or semipublic place. To that end, they have no right to privacy, and more to the point, *should not* have any right to privacy while out on patrol or on a bust or whatever.

      When it comes to police officers, the general public are their bosses, in effect. Their job is to protect the public, and thus only the public can reasonably determine whether or not they are doing their jobs. As such, we have a fundamental right to know what they are up to. We don't have a right to know instantly; that would put officers in danger. However, much as we have a responsibility as a society to oversee our military and their actions, we have the same societal responsibility to watch our police force. Period.

      Moreover, what they do, they do in public. There is a fundamental legal right of the public to photograph and videotape *anything* that occurs in a public place. Period. There's no grey area here. And when they are in private places, the right to determine whether recording is allowed or not belongs to the owner of the property, which again, usually is the person doing the videotaping.

      Finally, I would add that preventing police officers from being recorded is a technically infeasible request. We have security cameras all over the place, and individuals have a right to have security cameras on their property. It's just not feasible to have these systems somehow magically identify a police officer and shut off. Any mechanism that could provide such functionality could also be abused by the bad guys to nullify the utility of the security system. This is a fundamentally unsolvable problem.

      So what they're asking is either:

      • To have special rules applying only to cameras/camcorders/cell phone cameras when held in the hand of an individual. This doesn't fully solve their perceived problem, and is provably discriminatory against people unable to afford security systems. This one won't pass muster, and is stupid, to boot.
      • To make it illegal to make available footage of the police doing their jobs. This runs afoul of the first amendment, and constitutes prior restraint of publication. Protection against prior restraint is basically the highest hurdle a speech law can have to jump. It is almost never possible to get a prior restraint law past the courts except in exceptionally narrow cases, and even then, usually only for a limited time (e.g. not allowing live coverage telling where police are).

      In short, IMHO, there's basically a 0% chance that any law like this would make it through SCOTUS without being nullified, no matter how they write the law. That said, it would be nice for a law on this subject to be taken all the way to the SCOTUS just to cement that into binding precedent.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    31. Re:The steady slide to Police State continues by Enigma2175 · · Score: 2, Insightful

      I've been completely happy with my interactions with cops here in the US. Every time I've been pulled over (for legitimate speeding) the cop was polite and nice, didn't throw his authority around. Another time one helped me catch a neighbor's horse that had gotten loose.

      The problem is not that cops are bad guys, any more than anyone else is a bad guy. The problem is that they have an enhanced ability to be a bad guy and get away with it.

      Even those "nice" cops are complicit in the problem because they cover up the wrongdoings of the bad officers by participating in the Blue Code of Silence. The problem is exacerbated by the glorification of the job by the media and the insular nature of most police departments ("us vs. them" mindset). Many officers feel that they are above the law and in most instances they are right.

      --

      Enigma

    32. Re:The steady slide to Police State continues by Chibi+Merrow · · Score: 2, Informative

      You should have seen the show. It regularly featured fabrication of evidence, deal-making, bribe taking, protection rackets, prisoner abuse, etc. Essentially the point of the show was to watch a police unit slowly self destruct from a "just this once" evidence fabrication incident until they become more monstrous than those they are supposed to be protecting us from.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    33. Re:The steady slide to Police State continues by justinlindh · · Score: 2, Informative

      The same Rampart division, yes. The show is loosely based on it. The characters in the show do have alliances/pay-offs with fictional rap moguls, were involved in a "money train heist" where the money was never found (similar to the bank robbery of Rampart's "David Mack"), and they used similar acronyms/symbols (instead of CRASH, it was STRIKE team and they had cards with symbols for their division).

      So, no... it's not supposed to be a direct documentary on the Rampart division, but it's similar enough. The show was originally titled "Rampart", even, but was changed to not anger the LAPD.

      That said, The Shield is one of the best television series ever produced and it's worth watching all 7 seasons. Each one is better than the last.

    34. Re:The steady slide to Police State continues by WiiVault · · Score: 2, Insightful

      I don't think anybody is disputing that sometimes violence is needed. But attacking people on bikes in timesquare is pretty different. I pray that you understand that as well.

    35. Re:The steady slide to Police State continues by mdarksbane · · Score: 2, Insightful

      Oh, I agree with you - I drive a fast car, speed everywhere I go, and have never caused an accident. I go to race driving classes.

      That doesn't change the law, though, and if the grandmothers who vote all decided we should have speed limits, that's what's legal. That's what I meant by legitimate - I was breaking the law, and they pulled me over for it. It's their job, even if I disagree with the law.

    36. Re:The steady slide to Police State continues by Romancer · · Score: 5, Insightful

      They like cameras on intersection lights, they put cameras outside their police stations, they allow cameras following them aroound for the show "COPS" and now they don't like cameras all of a sudden?

      The police use cameras in the cars that they drive around in all day and use them to record pulling people over without their consent. What the hell is the justification of not being able to record an officer in the exact same situation? He pulls you over and never tells you that you are on camera. You tell him that your car has a built in camera provided by the insurance company: http://www.teensafedriver.com/our-system/faqs.asp. And that they are being recorded.

      Then they arrest you? What the hell kind of protect and server stance is that? I pay the damn sallary and would love it if they had cameras on them at all times. ALL TIMES. What could a police officer do that would be hindered by having one of those cameras strapped around his neck snapping pictures %100 of the time? Clock in, start recording. Clock out, leave your gun, badge and authority with the camera and go home a normal person. If you wouldn't do it on camera as an officer on the clock I don't want to pay you to do it. You get no privacy when you work for the people since you should be accountable to those people every second you're on the clock. I'll excuse you for bathroom breaks since I'm such a nice guy, only in acknowledged gps located bathrooms. Now get back to work!

      --


      ) Human Kind Vs Human Creation
      ) It'd be interesting to see how many humans would survive to serve us.
    37. Re:The steady slide to Police State continues by Jah-Wren+Ryel · · Score: 3, Insightful

      And I personally know cops and other law enforcement that work hard to help keep our society safe, regardless of the risk to themselves. What's your point?

      And whenever any of them defend a corrupt cop or turn a blind eye because of their belief in the thin blue line they are just as bad as the guys they are protecting. The number of cops willing to speak out about other cops is a tiny minority. My uncle was a career cop himself and the stories I've heard were rampant.

      --
      When information is power, privacy is freedom.
    38. Re:The steady slide to Police State continues by severoon · · Score: 3, Funny

      I think this discussion here in the forum fails to recognize the other side of this issue. How would you feel if, while carrying out your duties of your job, your actions were monitored? What if certain people in your organization then had the ability to look at the result of that and assess your performance? How would you like to be periodically evaluated?

      You wouldn't be able to get away with nuthin'!

      --
      but have you considered the following argument: shut up.
    39. Re:The steady slide to Police State continues by Achromatic1978 · · Score: 4, Insightful

      Even if you're talking about the far end of the bell curve, people doing 25+ mph over the speed limit, in all probability they are far better drivers than everyone else on the road, and the reason they get into accidents is -other- people not being properly aware of their surroundings, changing lanes without signaling, braking for no reason, etc.

      Absolute BS. Speaking as someone who responds to many accidents where people who "are far better drivers than everyone else", you're full of it. The simplest, main reason? Because being a good driver includes "being prepared for the unpredictable behavior of others". If you are driving in a manner that gives you no escape room from any unpredictable behavior, then you're not a good driver. Simple as that.

      In all probability, those going 25mph+ over the speed limits are the ones "changing lanes without signaling", "braking for no reason" beyond "attempting to execute a race-style passing manoeuver".

      Here's the thing. Excessive speeders may always want to get ahead of you. But they'll always be behind someone else. Unless there's noone ahead of you, then that's always going to be unsafe (and even then, again, part of being a "good driver" is knowing the limits of your vehicle, the condition of it, and the road, and environment, and driving in a manner that accounts for such things).

      Ego is a problem, too. People who persistently excessively speed like to think they are far better drivers than everyone else on the road. They like to think that it is some testament to the quality of their skills that they regularly navigate the freeway at 85+. It more often than not isn't. It's blind luck. It's about as accurate as the multitude of people who say "sure, I can talk on a cellphone and drive, it's other people that suck at it". Pop quiz, when was the last time you heard someone admit freely that they can't drive and talk on their cell at the same time?

      Trust me, I've seen plenty of people that think they can excessively speed... and for everyone who might blame another person for having the audacity to brake (hint, if the distance between you and the guy in front of you is less than you and your vehicles response time, regardless of speed, you're going too fast, or are too close), etc, there's just as many accidents where Excessive Speeder has painted himself all over the road through no-ones fault but his own (and often taking a few bystanders with him).

    40. Re:The steady slide to Police State continues by MstrFool · · Score: 2, Interesting

      This is already the reality in many places. What would be nice is if we could also do it back to the people monitoring us. It's already unbalanced in that they don't face the same penalties we do, but to then add in a law forbidding the gathering of evidence of abuse and still taking only their word on it? Doesn't sound like a a reasonable thing. Then add in to it that the police are filming you, and if they don't like what the vid shows they have the ability to vanish it, and seldom face any action for it. Yea, some get nailed if they do it too much and too many people find out, but with all the horror stories out there about abuse from police and evidence that vanishes, wouldn't it be nice to have more evidence? Police say to me, if you have nothing to hide, then you have nothing to fear, so I now say to them. If you have nothing to hide, why do you fear?

      --
      Question reality.
    41. Re:The steady slide to Police State continues by demonlapin · · Score: 2, Interesting

      And, as has been pointed out by numerous good cops who have kept their mouth shut (and as demonstrated in American Gangster near the beginning), if you really do get into a bad situation, you never know who else is going to be out on patrol to respond to your "officer needs assistance" call...

    42. Re:The steady slide to Police State continues by Hotawa+Hawk-eye · · Score: 2, Interesting

      If I had the authority to throw people in jail, to write them tickets that would cost them hundreds or thousands of dollars on my say-so (see the discussion about the Ohio Supreme Court decision about speeding tickets), and to use physical (or perhaps even deadly) force to restrain people if in my opinion they were committing a crime? I'd be okay with my work duties being captured by video cameras.

      I know it's cliched ... but with great power comes great responsibility. Recording the on-the-job behavior of the police seems like a reasonable amount of responsibility to balance out their significant amount of power.

    43. Re:The steady slide to Police State continues by blitziod · · Score: 5, Insightful

      The very idea that a person could enjoy any kind of assumption of privacy while engaged in an act of paid public service is crazy. Anything a cop does in the line of duty is by it's very nature public. I mean he/she is a public servant. Not only paid by the public, not only serving at the behest of the public..but actually acting on behalf of the public. Not to mention that most of these cases either occur in a public place( i.e. the side of a public street) or in the person doing the recordings PRIVATE home. An uninvited guest certainly has no expectation of privacy( outside the bathroom) while in another person's home.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    44. Re:The steady slide to Police State continues by BetterSense · · Score: 2, Interesting

      look at the carnage caused by a few relatively talentless nutballs out there. Remember the DC "snipers"? That was two, unskilled and relatively dumb dudes in a white van, but it was enough to captivate the media and terrorize a whole city. Imagine that in every city in america. Continuously. If there was ever any kind of Fight-club style, pseudo-organized armed domestic insurrection it could be extremely effective in short order. The ammo box remains effective, it is just dormant.

    45. Re:The steady slide to Police State continues by Thing+1 · · Score: 2, Insightful

      We don't have a right to know instantly; that would put officers in danger.

      I'm not sure I fully agree. If the police are doing something that God himself should not be watching, then perhaps they're doing it wrong?

      I invoke religion, knowing that I'm completely separate from it; but, it does speak to the emotions. Now to speak to logic: anybody acting in public can be video and audio recorded without their permission; this is what one gives up by leaving one's private quarters.

      If one can be recorded, the recording can be broadcast. Let's say the broadcast happens immediately (which makes sense, otherwise those crooked cops I watched that hour of Youtube earlier would now know to take the recording device away from you, or destroy it, and then we wouldn't have had that hour of video to watch, in 9:29 segments).

      So, if it's uploaded immediately, then it can be downloaded (almost) immediately. Therefore, again this is logic speaking here, if the police are acting in public, then they can and should expect their actions to be broadcast to every citizen instantly. Not doing so, would put us the public in danger.

      --
      I feel fantastic, and I'm still alive.
    46. Re:The steady slide to Police State continues by dgatwood · · Score: 3, Insightful

      We don't have a right to know instantly; that would put officers in danger.

      I'm not sure I fully agree.

      There are sometimes very good reasons to not allow live coverage of police activity. It's probably easier to explain it by example.

      A bank robbery is in progress. The police have surrounded the building and are preparing to move in. The robbers inside are watching the situation unfold on live television. The police are within their rights to ask that live broadcasting cease temporarily so that the robbers are not aware of the imminent action. Continuing to broadcast live could turn what should be a surgical strike into an ambush.

      I'm not saying that this is the norm for police actions, but sometimes temporary prior restraint of publication is acceptable. Prior restraint for a prolonged period of time, however (including confiscating the tape), is almost never acceptable.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    47. Re:The steady slide to Police State continues by adolf · · Score: 3, Interesting

      Disclaimer: I install these systems as part of my income.

      According to some Federal statute that I can't be bothered to look up right now, an officer's use of an in-car camera must be indicated by a light. What light? Where?

      In one county I work for, it's a bright yellow light behind the grill of the car. If the light is on, the system is recording.

      In another, it's part of the camera: A bright, green LED that shines through the windshield whenever the system is recording.

      In the latter case, most (perhaps all) of the deputies have placed black tape over the light and insist that the law doesn't apply to them.

      FYI, FWIW, etc, so on, and so forth.

  2. This reminds me of... by The+Grim+Reefer2 · · Score: 5, Funny

    When teachers didn't want to be tested as they claimed that testing was a poor indicator of someone ability. Go Figure.

  3. Let Them by negRo_slim · · Score: 5, Insightful

    Record anyways. Even if it gets to the point where video evidence a flagrant abuse of power becomes inadmissible, it's potential value in stirring public outcry far outstrips any consequences associated with the establishment seeking to restrict the publics use of video recording and their public servants.

    --
    On the Oregon Cost born and raised, On the beach is where I spent most of my days
    1. Re:Let Them by girlintraining · · Score: 4, Insightful

      Record anyways. Even if it gets to the point where video evidence a flagrant abuse of power becomes inadmissible, it's potential value in stirring public outcry far outstrips any consequences associated with the establishment seeking to restrict the publics use of video recording and their public servants.

      Once again, target fixation prevents you guys from seeing what's really going on: It doesn't matter whether the police abuse their power.

      That's a bold statement to make, so let me explain it; Legally, there's almost no recourse. But why? For the system to function, it has to place trust in a group of people at some point. Every method of governance reduces to this basic truth if you dig at it long enough: It becomes a question of who to trust. If the police can't be trusted, then they can't do their job. So even if they do their job poorly, and with frequent abuses, the system will tolerate this because the system depends on the assumption that they can be trusted (regardless of whether they can or not). By arguing about whether or not there are safeguards against police brutality, or legal recourses, or any of that, you're sidestepping the critical issue: At some point, you have to trust them. Cameras expose these breaches of trust, but they also fundamentally undermine the system by doing so.

      The system is happy to hide the occasional act of injustice (and punish those who expose them) because the public's trust in the institution is vital to its continued functioning. It's paradoxical, unfair, illogical... and true.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:Let Them by clone53421 · · Score: 2, Funny

      The system is happy to hide the occasional act of injustice (and punish those who expose them) because the public's trust in the institution is vital to its continued functioning. It's paradoxical, unfair, illogical... and true.

      We’ve always been at war with Eastasia.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:Let Them by melikamp · · Score: 4, Insightful

      So what is your suggestion? Fold over and let them pass another unenforceable law? Because it is already unenforceable, and with technology going where it does, it will be a total joke in some 10 years from now. Everyone will be wearing a camera attached to a general purpose computer, which is attached to the Internet. What is this law gonna do besides generating the public contempt? If you make these recordings inadmissible in court, it will be only a matter of time before someone records a cop committing a first-degree murder, and courts setting the cop free, which will make everyone LOATH the cops and the system that supports them. I don't believe that system will be functional at all.

    4. Re:Let Them by oldspewey · · Score: 2, Insightful

      I can't seem to find that device on the apple store, or on the at&t website, or on walmart.com ... so how exactly is your advice relevant to the average person who happens to find themselves in the middle of a police encounter?

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    5. Re:Let Them by colinrichardday · · Score: 4, Insightful

      For the system to function, it has to place trust in a group of people at some point.

      How much trust do we have to put in them? Or do you mean faith?

      If the police can't be trusted, then they can't do their job.

      If we don't trust the police, then telling us that they require our trust is not going to convince us to give it. If we can't trust the the police, then perhaps we need new police.

      So even if they do their job poorly, and with frequent abuses, the system will tolerate this because the system depends on the assumption that they can be trusted (regardless of whether they can or not). By arguing about whether or not there are safeguards against police brutality, or legal recourses, or any of that, you're sidestepping the critical issue: At some point, you have to trust them.

      And you are sidestepping another issue. At some point on the road to a police state, you have to stop trusting them. If the system requires that trust, then perhaps we should discard the system.

    6. Re:Let Them by girlintraining · · Score: 4, Insightful

      So what is your suggestion? Fold over and let them pass another unenforceable law? Because it is already unenforceable,

      All systems, organic or electronic, should be built with error tolerance in mind. The system will make mistakes -- that can't be helped. The system has some safeguards in place to prevent errors from occurring; Both internally and externally. Examples of error prevention; trial by jury, the right to an attorney, the fifth amendment, etc. Examples of error correction: De novo review, appeals courts, and public examination of judgements (and the evidence). External examples of error correction and prevention: the governor's right to commute sentences, the press, and voting for judges, or offering ride-alongs to private citizens interested in what police work is like.

      To hone in on the main example of this article; Dashboard cameras have radically changed how police behave. They have also given the public insight into what everyday life looks like for a police officer -- albeit dramatized in the form of Cops and similar TV. But here, the chain of custody is maintained, and the evidence is reviewed by assumedly competent experts, and footage is used to train officers and systemically refine practices across the country. The problem isn't recording of police -- the problem is that the camera doesn't tell the whole story, and when footage is taken out of context and placed in the court of public opinion, the damage to the reptutation of law enforcement can be severe. Witness the Rodney King beatings; By taking the issue public, a massive riot ensued. This damage to public property and trust far outweighed what happened between those five men. It was later determined by a court long after the public controversy had moved off the radar that training practices needed adjustment, which is exactly the kind of self-correcting behavior that is supposed to (and usually does) happen when mistakes are made. But these processes are slow and people want immediate emotional gratification -- and it's that need for gratification that's the greatest threat to justice and security, not the occasional police fuckup.

      --
      #fuckbeta #iamslashdot #dicemustdie
    7. Re:Let Them by gclef · · Score: 4, Insightful

      because the public's trust in the institution is vital to its continued functioning. It's paradoxical, unfair, illogical... and true

      No, it isn't true, and that's provable quite easily by looking outside the US. There are plenty of countries where the police are well known to be massively corrupt, and are completely untrusted by the citizens. Russia comes to mind, but there are plenty of other examples. The people know it, many people in the government know it, yet the institution continues to function.

      Trust isn't necessary for the police to function....power is. The problem is, when trust is gone, the society functions much less effectively. Corruption flourishes in such an environment, and you're on a quick road to third-world status from there.

  4. But... by Mister+Whirly · · Score: 5, Insightful

    But I thought that people with nothing to hide had no reason to worry about surveillance? Does that mean that this statement is wrong, or does it mean the police have something to hide?

    --
    "But this one goes to 11!"
    1. Re:But... by Anonymous Coward · · Score: 4, Insightful

      Yes.

    2. Re:But... by Biggseye · · Score: 2, Insightful

      Basically this goes to two points, one in favor of the police and one not. In favor is that, lets be honest, it is never or rare that a police office does not have to use some force to arrest a criminal suspect. They are caught between doing the duty as a police officer and what might be considered excessive force.Taking some one down is never pretty and is often extremely physical in nature. The second point, and this is not in favor of the police is that many law enforcement people, not a majority, but enough, have the opinion that the law does not apply to them. I fall on the side of those that think this is a stupid law. There is a whole body of law that says that what happens in a public place is open to all to see.

    3. Re:But... by v1 · · Score: 2, Interesting

      they obviously have something to hide, but it's probably more of a fear of what might happen. I doubt many cops go into a situation intending to behave illegally. There's so many laws that if taken literally can make their jobs really hard to do. I'm not really defending the cops on this, just saying I can somewhat relate and see their problem with it.

      That being said, I'd personally like to see a federal law or constitutional amendment etc that explicitly gives people the right to record (audio, video) anyone on public property or their own property without their consent. Including cops. And without any requirement for you to notify them they are/may be recorded. If you're in the public, or you're in someone else's private, you should have no expectation of privacy, outside certain limits. (bathroom for example)

      --
      I work for the Department of Redundancy Department.
    4. Re:But... by Mister+Whirly · · Score: 3, Informative

      Whether or not the police intend to behave illegally is irrelevant. Whether or not they follow the law is.
      "I mean, I didn't intend to rob that old lady, but when I came around the corner she was just standing there with her purse half-open." Would you excuse this person from robbery? Same laws apply to the police as to average citizens.

      --
      "But this one goes to 11!"
  5. Your camera has been deactivated due to by assemblerex · · Score: 5, Insightful

    nearby police action. Thanks for your cooperation citizen, now pick up that can!

    1. Re:Your camera has been deactivated due to by AndrewNeo · · Score: 3, Funny

      Achievement Unlocked: Submissive

  6. Those in the Inner Party... by nebaz · · Score: 5, Insightful

    have the privilege of turning the telescreens off.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
  7. Obvious abuse of power by dward90 · · Score: 3, Interesting

    While I'm sure some(most) of this sentiment is created by media exaggeration and selective reporting, cops have the persona of themselves being above the law.

    A movement to remove recording them will only serve to propagate that idea, and remove one of the only tools that civilians have to combat any police abuse.

    --
    My other sig is clever.
    1. Re:Obvious abuse of power by DiademBedfordshire · · Score: 4, Insightful

      Most cop cars have dash mounted cameras. It's not the idea that a cop does not want to be recorded, they want a system that the end user does not have the ability to alter. The individual cop can't get to the video, I am sure only internal affairs and their superiors have access.

      The problem with these cell videos is they don't capture the whole event. A group of cops beating up a person looks extreme until you find out that person was resisting arrest and put both the cop and civilians in danger.

      No doubt power can corrupt but most cops, and I know from personal and familial experience, took the job to "protect and serve".

    2. Re:Obvious abuse of power by Jeng · · Score: 3, Insightful

      There should be a constitutional amendment that makes recording of public servants a protected right.

      Other than nuking it from orbit its the only way.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    3. Re:Obvious abuse of power by TheLink · · Score: 3, Insightful

      Then the cops should record the whole event to vindicate themselves.

      --
    4. Re:Obvious abuse of power by Anonymous Coward · · Score: 2, Informative

      Good. Show the tape that gives the whole story and I’ll shut up. I have nothing against seeing the whole story, just against the pigs who try to not let anyone get any of the story.

      I was thrown onto the pavement and had my arm yanked nearly out of location for resisting arrest. I couldn’t lay or sit without pain for a month and a half afterward. I should have gone to the hospital and gotten something in writing to prove that I was injured by the pigs, but I didn’t; it would have been pointless, the game was stacked against me anyway. I needed to get back to my regular life and job and not be tied up in courts where I’m some stupid lying kid and the cop’s word is unquestionable.

      Written on the police report? Suspect “flexed his arms” when they tried to put the cuffs on. Yeah, I’m sure that really put the cop in danger. Did they offer the squad car dashboard footage as evidence? No, the report said that no footage was saved. I’d love to have seen it. Did I really need to be beat down as I was? For flexing my arms when they tried to cuff me? Okay, I was stupid, but that doesn’t give them the right to be pigs. Hell, once I knew they were just going to injure me if I didn’t do what they wanted, fuck that... I’ll let them cuff me and be a quiet nice citizen.

      Cops are supposed to physically subdue people, yeah, but I do not believe that should involve inflicting as much pain as necessary to force them to comply. That’s torture.

      Their cameras are set to record everything. Why do they hide the footage (like in my case)?

      Because they’re pigs.

    5. Re:Obvious abuse of power by dwiget001 · · Score: 3, Insightful

      A camera fixed into the hood or dash of a police car doesn't get the "whole" event either.

      The argument doesn't hold water, sorry.

    6. Re:Obvious abuse of power by clone53421 · · Score: 5, Insightful

      You don’t subdue someone with impact forces, dumbass. You subdue them with restraining forces.

      Get some fucking rope or something. I don’t know.

      Clubbing them until they yield is nothing short of barbaric.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    7. Re:Obvious abuse of power by Mister+Whirly · · Score: 4, Insightful

      Do you know how many suspects are arrested each year that are on PCP? Very few. Do you know how many times the police uses questionable force to detain/arrest a subject? Me neither, but I would suspect it is much higher than the percentage of suspects on PCP at the time of their arrest. This is a scenario where a taser should and would be used. Batons do not subdue an enraged subject anyway.

      --
      "But this one goes to 11!"
    8. Re:Obvious abuse of power by AndrewNeo · · Score: 5, Insightful

      Especially when the tapes are mysteriously destroyed.

    9. Re:Obvious abuse of power by Jackie_Chan_Fan · · Score: 4, Informative

      How about the recent story about the police saying that their patrol car tape was erased, and a citizen managing to prove that they were hiding it from him.

      http://www.seattlepi.com/local/418746_video.html

      Why should we trust the police? We give them the right to carry guns and use them on citizens!

    10. Re:Obvious abuse of power by clone53421 · · Score: 2, Informative

      Hi, whoever modded that troll? Maybe you misunderstood me, but I was referring to really basic physics; it’s been a while since I took the class but I think you can figure out what the difference between an impact (extremely high force x extremely short time) and a restraining force (moderate force x long time).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    11. Re:Obvious abuse of power by Shakrai · · Score: 2, Funny

      Ever tried to subdue someone on PCP? Six police with batons sometimes can't slow them down.

      I hear that fast moving pieces of lead are moderately effective at slowing them down.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:Obvious abuse of power by clone53421 · · Score: 3, Insightful

      Ok, in hindsight, I shouldn’t have called him a dumbass.

      However my point stands.

      The reason 6 cops with batons can’t subdue a PCP-crazed maniac is because they’re doing it wrong.

      Cops idea of subduing someone is inflicting as much pain and non-lethal physical harm as possible until the suspect complies with their demands, and that is wrong on so many levels. It’s wrong from a practical point of view because the suspect can’t even feel it in his drug-altered state, and regardless of whether or not it is effective it’s fundamentally wrong from a humane point of view because it’s essentially torture.

      Now try to imagine 6 cops huddled around the maniac, but instead of pounding the shit out of him with the batons, they’re trying to hold him down with their little batons. They’re using the wrong fucking tool. That’s why it’s so hard.

      I have about as much sympathy (and a lot more contempt) for the 6 cops subduing the guy as I have for the guy who complains that his peas are rolling off his knife when he tries to eat.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    13. Re:Obvious abuse of power by geminidomino · · Score: 2, Interesting

      And if he opts not to use it because it shows that the defendant isn't guilty and only the cops/DA have access to it, the defense is fucked.

    14. Re:Obvious abuse of power by shadowfaxcrx · · Score: 2, Informative

      There is. In fact, it's the first one. Freedom of the Press. If you point a camera at something and then put it on youtube, congratulations. You're the press. The founding fathers were very careful not to set limitations on what is and is not a journalist, because those limitations are ripe for abuse. If the government suddenly decides that only Glenn Beck is a journalist, and no one else is, then you can see where government influence of media coverage would alter government itself, and not in favor of the people. So! Everyone who records something and then shows it to an audience, or who observes an event and then writes about it for an audience, whether it be a TV photojournalist, a newspaper reporter, a blogger, or some guy with a camcorder uploading videos to the internet, they're all press. And they all have the right to act in journalistic ways, which means that cops do not have the right to limit recording.

      Wanna talk activist judges? It's the bastards in these states who think they can unilaterally rewrite the constitution.

      --
      "I disagree with you" does not equal "flamebait."
  8. FTA by cosm · · Score: 5, Insightful

    1) Graber was not arrested immediately. Ten days after the encounter, he posted some of he material to YouTube, and it embarrassed Trooper J. D. Uhler. The trooper, who was in plainclothes and an unmarked car, jumped out waving a gun and screaming. Only later did Uhler identify himself as a police officer. When the YouTube video was discovered the police got a warrant against Graber, searched his parents' house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law.

    Bureaucratic mother fuckers.

    --
    'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
    1. Re:FTA by jareth-0205 · · Score: 3, Insightful

      What annoys me more than anything about these stories is that there are lots of people involved in this. There are *FUCKLOADS* of people who decided that this was a fair use of their time, and all went along with it. Yes I can believe that this one Uhler guy was annoyed and wanted to get his own back, but where were all the other people in the organisation telling him that this isn't on?

      No wonder the police have a bad reputation. When they act as one impenetrable self-protecting mass, where there rarely seems to be any measured discussion *inside* the organisation, they deserve any reaction they get.

  9. Sure by SoupGuru · · Score: 5, Interesting

    And I'm sure getting rid of probable cause makes their jobs easier too. I guess I don't want their jobs to be easy. I want their jobs to be really fucking hard. That's what you get along with a badge and a gun... scrutiny. At least, that's what should happen but rarely does.

    After all, if you have nothing to hide Mr. Office Sir, what's the big deal?

    --
    What doesn't kill you only delays the inevitable
    1. Re:Sure by Spatial · · Score: 5, Insightful

      With great power comes great responsibility; for both the people who give the power and the those who receive it. It's our duty to keep a close eye on them.

  10. Why? by jez9999 · · Score: 4, Insightful

    Judges, juries and legislatures support the police overwhelmingly on this issue

    Honestly, why? What possible legitimate reason do the police have for wanting to keep things (at least things outside the station) off camera?

    1. Re:Why? by lupis42 · · Score: 5, Insightful

      Because discretion works both ways.

      Every time they let someone off lightly, every little thing they ever ignored, could be recorded. They could let the teenager with the dimebag off with a warning before, but if they're on camera all the time now, discretion goes out the window.

      It's worth it, though. Besides, I figure it would only take a year or two of full on enforcement of all the stupid malum prohibitum crap before some effort was made to ensure that the only things that are against the law are things that effing should be.

    2. Re:Why? by Spatial · · Score: 3, Interesting

      It damages the credibility and prestige of the police. Important for a number of reasons.

      Of course, ignoring genuine abuses will do far greater damage in the long run. A few bad eggs is one thing, but if you protect them it calls the whole system into question.

  11. One Fundamental difference: by Monkeedude1212 · · Score: 5, Insightful

    There's a lot of reasons why you can't point a gun at a cop.
    There isn't a lot of drawback for a cop pointing his gun at you. (Filling out some paperwork)

    While most people have become fine with that for weapons, the fundamental difference is that a Camera is not lethal. There is absolutely NO reason why Cops shouldn't be under the same scrutiny as the general public, and if they are allowed to use dashboard cameras, security surveilance, and whatever else at their disposal to help convict a criminal - then the populace should have the same ability at their disposal to defend themselves. Think of it as the right to bear arms.

    1. Re:One Fundamental difference: by just_another_sean · · Score: 3, Insightful

      There is absolutely NO reason why Cops shouldn't be under the same scrutiny as the general public

      Absolutely, I would go so far as to say there are several reasons why they should expect *more* scrutiny then
      the general public. Every one of the cases cited in TFA are good reasons IMO.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    2. Re:One Fundamental difference: by WCMI92 · · Score: 2, Insightful

      There's a lot of reasons why you can't point a gun at a cop.

      Yes there is. If an unidentified individual bursts in my door or sneaks onto my property, they are going to get more than a gun pointed at them, they are going to get a round pumped IN them, I don't care if they are a cop or not.

      And in my state, you have every right to shoot a home invader on sight.

      Which is why it is important for police to behave professionally and within the law.

      --
      Corporatism != Free Market
  12. Make it obvious by Itninja · · Score: 3, Insightful
    From TFA:

    ...the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway.

    So it seem one can avoid prosecution (persecution?) by setting up a tripod and a few lights and making it real clear they are recording?

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    1. Re:Make it obvious by grub · · Score: 2, Interesting


      Sure, then you just get it confiscated and the footage mysteriously disappears.

      I've been thinking that it'd be neat to have a wireless camera which streams wireless and encrypted to the actual recording device. One person could have the camera while a friend nearby has the recordings save in his pocket.

      --
      Trolling is a art,
  13. Exactly. It's not like law enforcement can be by aussersterne · · Score: 5, Insightful

    held accountable for "violating" the same laws when they record citizens behavior without their consent for use as evidence. But somehow when it's a cop being taped, it's an illegal "unconsented" recording and people are going to jail.

    This will be fair when those doing surveillance recording for law enforcement can also be sent to prison for recording in public places without individual consent. Until then, it's one more example of the way in which cops are increasingly generally subpar people, recruited from the less educated and less successful demographics of society, eager to hold a gun, and drawn to the profession precisely because they feel powerless in other areas of their life as a result of their general lack of merit, and thus need to abuse citizens in order to compensate for this lack.

    --
    STOP . AMERICA . NOW
    1. Re:Exactly. It's not like law enforcement can be by DevConcepts · · Score: 2, Funny

      Couldn't you just have said they have tiny genitals?

      Until then, it's one more example of the way in which cops are increasingly generally subpar people, recruited from the less educated and less successful demographics of society, eager to hold a gun, and drawn to the profession precisely because they feel powerless in other areas of their life as a result of their general lack of merit, and thus need to abuse citizens in order to compensate for this lack.

    2. Re:Exactly. It's not like law enforcement can be by MozeeToby · · Score: 4, Insightful

      Until then, it's one more example of the way in which cops are increasingly generally subpar people, recruited from the less educated and less successful demographics of society, eager to hold a gun, and drawn to the profession precisely because they feel powerless in other areas of their life as a result of their general lack of merit, and thus need to abuse citizens in order to compensate for this lack.

      Perhaps this is true, but I doubt it. For my personal anecdote, the (admittedly few) police officers I've known personally have been intelligent and friendly people with no obvious mental or emotional issues.

      The real problem can be summed up most effectively with three words: Stanford Prison Experiment. Put people in a position of physical and legal authority over others and they will abuse it. It doesn't matter who they are or where the authority is derived from, it appears to be built into basic human nature. See also the Rosenhal Experiment for a possible explanation as to why people in that kind of authority act that way, they see what they expect to see in their prisoners/patients/criminals.

    3. Re:Exactly. It's not like law enforcement can be by mdarksbane · · Score: 3, Insightful

      I'd say it's even broader than that - give someone a goal and they will try to accomplish it, to the point of losing all perspective of why they were given that goal to begin with.

      If your goal is to catch criminals (which is only part of the larger goal of maintaining the peace, but the part you deal with), it's human nature to be frustrated at everything that keeps you from doing that, including to a large extent our constitutional protections.

  14. If they don't want to be recorded they are hiding. by GarryFre · · Score: 5, Insightful

    While I understand the idea of being made nervous when a camera is pointed at me, I think its hypocritical sp? of them to have cameras on the public but object if the reverse happens. I've seen a few obvious gross abuses of authority on the part of police. Its not all that common but it happens and to outlaw John Q. Victim's only defense against criminals in authority is a crime in itself. If they don't want to be recorded, they may be hiding something.

    --
    www.Migrainesoft.com - Computer giving you a headache? We can fix that!
  15. Not surprising police don't know the law . . . by pacergh · · Score: 4, Insightful

    And people complain about Miranda rights. Miranda rights exist because of abusive cops.

    1. Re:Not surprising police don't know the law . . . by DiademBedfordshire · · Score: 3, Informative

      umm no... In the arrest of Ernesto Miranda, the police followed the letter of the current laws. His lawyer objected and stated that current policy of not requiring the explanation of 5th amendment rights was directly in violation of the 5th amendment. The supreme court agreed and Ernesto Miranda was re tried excluding his confession and was found guilty of rape and kidnapping.

    2. Re:Not surprising police don't know the law . . . by PFactor · · Score: 5, Informative

      You're wrong yourself. We have all rights not explicitly given to the government. The Bill of Rights just codifies a few of the most important ones. The Constitution explicitly says that any rights not given to the government are retained by the people.

      --
      Don't believe anything I say. I crash test crack pipes for a living.
    3. Re:Not surprising police don't know the law . . . by moeinvt · · Score: 2, Insightful

      "The only rights we have are listed in the Bill of Rights."

      Yes and no. Amendment #9 reads:

          "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      Therefore, our Rights are not limited to those which are explicitly stated in The Constitution.

    4. Re:Not surprising police don't know the law . . . by pacergh · · Score: 2, Insightful

      To go even further, citizens have a number of rights not guaranteed by the Constitution. For example, the right to privacy against other private individuals is not guaranteed by the constitution. Rather, it is a right that developed in the common law.

      The Constitution guarantees some rights in the Constitution. Most of those guarantees are based upon a limit of government power.

      Nevertheless, that doesn't mean other rights do not exist. It just means the government may abridge those rights more readily than it can abridge Constitutionally-enumerated rights.

  16. Land of the free by Dunbal · · Score: 5, Informative

    But don't...

    The police and the courts should bear the following in mind when considering the recordings:

    "If the police are doing nothing wrong, then they have absolutely nothing to fear from being recorded".

    Unfortunately the "recording" of police should not be left entirely to police owned CCTV systems. Because those systems can malfunction at the most inconvenient times, causing the images to disappear right when, for example, someone called Charles de Menezes gets shot in the head for his crime of wearing a jacket on a warm day.

    While the police have a job to do, and most of them do a damned good one at that; they are still human beings. And as such not infallible and not immune to all sorts of temptation - from wrongly kicking someone in the face who probably deserved it (but deserving has no place in law), to covering one's or one's buddy's ass in an ugly situation, these things can and DO happen. People should not be punished for recording something that is happening - especially in a public place or in the privacy of the recorder's own home. The Romans coined the saying: "Quis custodiet ipsos custodes?" The government cannot be trusted blindly. There lies the path to tyranny.

    --
    Seven puppies were harmed during the making of this post.
  17. Re:Recording isn't the real issue... by east+coast · · Score: 4, Insightful

    But if only selected portions are shown with the intention of embarrassing someone, it seems like a either libel or harassment

    If this were the case we could yank all mainstream news off of the air.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  18. "Illinois, Massachusetts, and Maryland" by Anonymous Coward · · Score: 5, Interesting

    All states with heavy Democratic majorities in both Executive and Legislative branches. Still more Hope and Change...

    1. Re:"Illinois, Massachusetts, and Maryland" by Ill_Omen · · Score: 4, Informative

      For the people that obviously didn't read the article, here's some additional context:

      ---
      Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) but in practice this exception is not being recognized.
      ---

      As much as the OP would like you to think so, these states don't have a law saying it's illegal to video the police. In fact, reading that last sentence would probably lead a reasonable person to conclude that in 11 or those 12 states, recording the police in public would be legal.

  19. first amendment test needed by scharkalvin · · Score: 4, Interesting

    Eventually such laws will end up before the supreme court in a first amendment (freedom of speech) test.
    Then (hopefully) it will fail the constitutionality test.

  20. Re:If they don't want to be recorded they are hidi by frenchbedroom · · Score: 4, Insightful

    If they don't want to be recorded, they may be hiding something.

    Now now, be careful with that sword, it's double-edged.

  21. Responsibility and Authority by karlandtanya · · Score: 2, Insightful

    When somebody invokes the authority of law enforcement, they assume the responsibility, too.
    This person has the potential to protect and serve those over whom he exercise authority.

    When somebody invokes the authority, but denies the responsibility and accountability, this is a situation with a "high potential for abuse."
    This person has no potential to protect or serve. Only to abuse.

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
    1. Re:Responsibility and Authority by EmagGeek · · Score: 2, Interesting

      "When somebody invokes the authority of law enforcement, they assume the responsibility, too."

      That is where you are wrong. Police are more or less unaccountable for their actions, because it usually boils down to their word against someone else, and their word always wins.

      The exception is when the brutality is video taped and becomes evidence. Then and only then are the police given a paid vacation and a slap on the wrist. These laws only seek to give Police carte blanch to rule by the fist, and is but one more step along the road to tyrannical despotism.

  22. Require Video/Audio for all Police Officers by linzeal · · Score: 5, Interesting

    This over the ear video unit is being used by some San Jose, CA cops after they beat the living crap out of a Vietnamese foreign exchange student who is suing for 6 million dollars now.

  23. Re:The good point is ... by WoRLoKKeD · · Score: 2

    To quote the brilliance that is Spider Jerusalem (c/o his creator Warren Ellis, of course)

    "Journalism is just a gun. It's only got one bullet in it, but if you aim right, that's all you need. Aim it right and you can blow a kneecap off the world"

    --
    Immolation is the sincerest form of flattery.
  24. If the police are doing nothing wrong... by DRMShill · · Score: 3, Insightful

    then they have nothing to fear.

  25. Rapists and Muggers by maliqua · · Score: 2, Insightful

    also prefer not to be on camera should we oblige them as well? as far as i'm concerned a camera in plain view in a public place can roll all it wants

  26. Goose & Gander by Das+Auge · · Score: 5, Insightful

    If it's okay for them to videotape me in public, then it's okay for me to videotape them.

  27. wow. by xandroid · · Score: 2, Informative

    The legal justification for arresting the "shooter" rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. ... Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) but in practice this exception is not being recognized.

    A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler's license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

    On March 5, 24-year-old Anthony John Graber III's motorcycle was pulled over for speeding. ... Graber was not arrested immediately. Ten days after the encounter, he posted some of he material to YouTube, and it embarrassed Trooper J. D. Uhler. The trooper, who was in plainclothes and an unmarked car, jumped out waving a gun and screaming. Only later did Uhler identify himself as a police officer. When the YouTube video was discovered the police got a warrant against Graber, searched his parents' house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law. ... Police spokesman Gregory M. Shipley is defending the pursuit of charges against Graber, denying that it is "some capricious retribution" and citing as justification the particularly egregious nature of Graber's traffic offenses. Oddly, however, the offenses were not so egregious as to cause his arrest before the video appeared.

    This is one of the most ass-backwards things I've ever heard of.

    --
    $ echo "ceci n'est pas une pipe" | sed -Ee 's/(eci n|pas )//g'
  28. Re: A police officer's view by prakslash · · Score: 5, Interesting
    Here is how a police officer relative of mine explained this:
    (Please dont mod me down, I am just a messenger)

    When you point a camera, it is not just a passive device recording events. Instead, it can actually influence the events that it is recording. A witness at a crime scene may be hesitant to say exactly what he or she thinks because he knows the neighbors may see it. People may run away or refuse to come forward because they are afraid that they will be identified later on television and thus could become the victims of a crime. A lot of things happen in police encounters and sometimes a camera can have a chilling effect on the proceedings. Sometimes the influence of camera presence can benefit society by keeping police abuses in check. Sometimes it can be a harm.

    Personally, I think the police officers only have their own benefit in mind when they ask for a ban on cameras.

  29. The Court noted that there should be an exception by www.sorehands.com · · Score: 2, Interesting

    In the Mass. Supreme Court case, there was a conviction for a person recording a police stop. The finding that it was illegal under Mass. law was upheld, but one of the comments from the Supreme Court stated there should be an exception and recording of police on duty should be allowed to be recorded.

  30. Re:Recording isn't the real issue... by ClioCJS · · Score: 3, Informative

    Except he didn't disobey orders -- he was on a bicycle down the street and couldn't have heard orders from a foot officer up the block -- nor was he doing anything different than all the other cyclists -- and Officer Patrick Hogan was convicted of assault for what he did. He also lied about it until the video came out. Nice of you to leave out the facts, apologist bootlicking shill. And oh, he was a jock in high school. Figures. http://www.nydailynews.com/news/ny_crime/2009/02/19/2009-02-19_nypd_fires_rookie_cop_caught_on_youtube_.html

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  31. ACLU defending cases by Animats · · Score: 5, Informative

    The ACLU has taken at least two cases in that area.

    The Maryland motorcycle case: "This prosecution by the Maryland State Police and Harford County State's Attorney is profoundly dangerous, and seems meant to intimidate people from making a record of what public officials do," said David Rocah, Staff Attorney at the ACLU of Maryland. "It is hard to imagine anything more antithetical to a democracy than for the government to tell its citizens that they do not have the right to record what government officials say or do or how they behave."

    The video is on YouTube.

  32. Double standard by Locke2005 · · Score: 3, Interesting

    And yet when I complained the school district was illegally audio and video taping my daughter on the bus without our knowledge or consent, their response was "Oh no, that's perfectly legal -- everybody does it!"

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Double standard by MBGMorden · · Score: 4, Interesting

      In all fairness, are you in one of the states mentioned? The article mentions that this is illegal in only a handful of states.

      Mine's not listed, and I personally have taken to rolling a tape whenever I'm pulled over. That specifically was prompted by a police officer accusing me of "not stopping at the red light for long enough". I asked him if I had come to a complete stop, and he admitted then that I had, but it hadn't been for "long enough" (and he accused me of "cutting him off", apparently because I had turned left before he got to the opposing side and stopped himself. my guess is this was the real reason I was stopped).

      When we got into court and I clarified with the judge that I only had to come to a complete stop at the sign, and that there was no stopped time requirement, the officer claimed that I never came to a complete stop at all, contradicting what he himself had said during the actual traffic stop.

      Luckily the judge dropped the ticket anyhow, but that one incident has made me overly cautious about the police. Sure, they're good to have around when the shit hits the fan, but the shit just doesn't hit that fan too often. The other 95% of the time they're basically just harassing the public for fines to support their salaries.

      Then there was the other time that my brother and I had a (very nervous and panicky) police officer pull his gun on us at a traffic stop because he saw gun cases in the back seat of the truck. We'd been duck hunting. We're pulling a jon-boat with a duck-blind obviously attached to it. We're both obviously dressed in full camo. To anyone with half a brain, you know there's going to be guns in this truck before you even get to it - and this idiot totally freaks out like someone is going to kill him because he spots gun cases in the back seat (which were being legally transported, cased, and unloaded, as per the law). No ticket there, but I don't like having a gun waved in my face because the rookie deputy is jittery either.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  33. Re: A police officer's view by wrf3 · · Score: 5, Insightful

    Right. That's why cops have video recorders in their cars. That's why cops have flashlights with video recording capability.

    Sauce, goose, gander.

  34. Asymmetric Intimidation by Fuseboy · · Score: 4, Insightful

    Part of the issue is that police officers rely on their intimidation as a tool, and being filmed makes that a lot harder to use.

    Police regularly deal with unsavory characters who lie easily, sometimes know the relevant law, or have nothing to lose, and the threatening presence of a police officer (physically imposing, assertive, suspicious and armed) is a useful tool to put the people they're talking to at a disadvantage.

    If police are filmed routinely (e.g. we all carry a Schneier Life Recorder) - setting aside outright murder, corruption and cover-ups, even standard practice becomes potentially embarrassing ("YouTube: Cops harass my 17 year-old daughter!"), and anything borderline could easily turn into a career-limiting stink.

    No doubt this would make police uncomfortable.

    1. Re:Asymmetric Intimidation by geminidomino · · Score: 3, Insightful

      Part of the issue is that police officers rely on their intimidation as a tool, and being filmed makes that a lot harder to use.

      Where's the downside to this? Cops' jobs are only easy in police states. Especially nowadays where the intention in the 'States is apparently to make every single person a criminal guilty of SOMETHING, I *want* the cops' jobs to be as hard as humanly possible.

  35. Trust but Verify by NixieBunny · · Score: 3, Insightful

    Hey, it worked for the Cold War, so how about using it here?

    --
    The determined Real Programmer can write Fortran programs in any language.
  36. Re:If they don't want to be recorded they are hidi by Anonymous Coward · · Score: 5, Insightful

    No sir.. Those in positions of authority deserve no such protections... The Sword of Damocles hangs over their heads, where it belongs.

  37. Code of Silence by mounthood · · Score: 5, Insightful

    The reaction is because of the Code of silence. Lying for your fellow officer is a lot more dangerous when there might be video showing that you're all lying.

    --
    tomorrow who's gonna fuss
  38. Re:If they don't want to be recorded they are hidi by PitaBred · · Score: 5, Insightful

    If you're out in public where anyone can point a camera at you, it's the truth. There's a difference between what you do behind closed curtains being private and what you do on a public street being private. If a cop loses his shit and decides to beat your ass down for talking back to him in the middle of a public place, why should he think he should be immune from being recorded?

  39. Try this by SolarStorm · · Score: 2, Interesting

    We live in a big brother society. Everywhere you go, you are on camera. My city just installed cameras at every intersection, stating it was to help traffic flow analysis, and oh yeah it will also issue speeding an red light photo tickets. Now we are a small city so this was easy to do, but so far, traffic patterns seem the same, but there are a lot more flashes at the intersections now. But more importantly, did you consent to being filmed? I can even pull up the AMA website and watch and capture video from some of these video feeds. I dont remember allowing myself to be filmed.

    Walk into a store, look up, again you are being captured on video. Did you consent to that?

    Now try this, take your video camera, put it on your shoulder and walk into the local police station... Or even stand outside and take a picture. Google was able to do this all over north america, but I will bet if you stand out there filming for 10 min, you will be asked to leave.

    At some point we have given up our right, if we ever really had one, to not be filmed without our consent. At one point, it might have been because we were still reasonably anonymous. Now with a few searches through facebook, I can get an awful lot of pictures to cross reference with my video.

    And now the police are saying they should be exempt from all of this video. Fact is we live in a video captured society, and it is getting worse. I remember reading in a novel about a society that had every moment of their lives recored. This was held in a secure private data facility, and only accessed if a crime was committed. I see us heading in that direction.

    Lastly, the police have a hard enough time keeping up with catching the criminals. I am on the side of if you are doing nothing wrong, what does it matter. That is why I dont worry about the store video camera, im not stealing. Yes partial editing or videos can be used, but then they are also taken in context.

    I am sure...
    Police arrest suspect.
    Suspect strikes officer.
    bystander starts filming.
    police strike back, wrestle suspect to ground and handcuff.
    Suspect gets video and charges police.

    Would a judger really not take into account that the video started 1/2 way through an incident? And if the media started to sensationalize then its time to charge the media!

    In fact in this situation, the police could turn around and use the video to support thier argument that they used "reasonable force". UNLESS they decided on a little payback for the the first hit. But then the police themselfs have sunk to the level of a street gang.

    We live in a recorded society. Learn to make home movies or really good disguises.

  40. Tips for cop recording... by Lumpy · · Score: 4, Informative

    If you want to get good video quality in most lighting conditions and to be able to zoom in and catch cops doing their thing from a distance that makes it obvious who they are then you need to buy a good video camera.

    Canon GL-1 and GL-2 are really good for this and are rather cheap in the used market for a near broadcast quality DV camera. you do not want HD because HD is not good in low light, and you want optical image stabilization with a long zoom. keep a tape recorded with junk on it in your pocket, and if you are chased by police, press eject, swap tapes, and ditch the good tape in a nearby bush or other items. If recording from a few hundred feet away, you will have a lot of time to do this and can plausibly act like you did not hear the cop.

    If your video is good enough for TV broadcast, lots of tv stations will play it. plus when put on youtube it helps incriminate the officer as more details can be seen.

    Stay a few hundred feet from the cops and you have not only time to ditch them, but they cant identify you. dress dark if at night, dress in drab colors if daytime... dont stand out.

    --
    Do not look at laser with remaining good eye.
  41. 'Nuff Said by Logical+Zebra · · Score: 3, Insightful

    People should not be afraid of their governments; governments should be afraid of their people.

    --V for Vendetta

    --
    I have a bad feeling about this...
  42. Re:If they don't want to be recorded they are hidi by sorak · · Score: 4, Insightful

    But they also have the double-standard backward. We, the public are entitled to privacy, while the government should be transparent. It is a double standard, by design, and they have it completely backward.

  43. Re: A police officer's view by nlawalker · · Score: 4, Insightful

    A lot of things happen in police encounters and sometimes a camera can have a chilling effect on the proceedings.

    Funny, coming from a cop. A camera's "chilling effect on proceedings" pales in comparison to a police officer's.

  44. And DO NOT warn about a tornado during a finale... by chfriley · · Score: 5, Funny

    YouTube link to the irate caller who didn't like them to interrupt the season finale with a tornado warning:

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

  45. Is that the Heisenberg defense? by Ihlosi · · Score: 4, Insightful
    When you point a camera, it is not just a passive device recording events. Instead, it can actually influence the events that it is recording.

    Hello, is that you, Dr. Heisenberg?

  46. Re:How can the USA be proud? by yyxx · · Score: 2, Informative

    Try recording a police officer in Europe doing something unflattering and posting that video on YouTube; you'll get prosecuted for invasion of privacy. Europeans don't even allow you to record and publish murderers and criminals.

    The only thing that's different in the US is that in the US some people actually still complain about their erosion of civil liberties. In Europe, they're effectively already gone, but the people don't even notice.

  47. Obvious thing to do by Locke2005 · · Score: 3, Interesting

    At the beginning of every encounter with law enforcement, clearly utter the simple phrase "You are being recorded." (Regardless of whether or not you actually have a recording device.) If they continue the encounter, they are obviously consenting to being recorded, and you are obviously not in violation of any wiretap laws.

    It would be interesting to see if these states slap the same penalties on someone for making a "nannycam" video of their babysitter and catching them abusing their child -- obviously the babysitter has an expectation of privacy when they are in someone's home slapping an infant around!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Obvious thing to do by h4rr4r · · Score: 2, Insightful

      You would be instructed to turn it off or you would be arrested. It is that simple.

    2. Re:Obvious thing to do by clone53421 · · Score: 2, Interesting

      Eh, revert to cryptic statements and remember your right to remain silent... don’t admit that you are recording, but don’t deny it either...

      The camera in their car is recording everything.

      You didn’t say that you were recording them.

      Simply that they were being recorded.

      You just wanted to remind them that they are being recorded.

      Their camera is recording, right?

      Simply evade the question by pretending to be talking about their camera. You know... the recording they’re still thinking they can just make go away if anything happens that would show them in a bad light. If they know they are being recorded, they can’t claim your recording is an infringement of their privacy...

      Of course, I live in a single-party consent state so I wouldn’t tell them I was recording in the first place.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  48. Re:If they don't want to be recorded they are hidi by JohnnyKrisma · · Score: 5, Insightful

    why should he think he should be immune from being recorded?

    Because he's a cop silly. The whole reason he became a cop is to have special privileges.

  49. I wrote my state legislators... by Low+Ranked+Craig · · Score: 5, Insightful

    I have been reading recently about what seems to me to be a disturbing trend by police agencies, prosecutors and legislatures to criminalize the ability of a citizen to record a police interaction. This is but one example: http://www.boston.com/news/local/massachusetts/articles/2010/01/12/police_fight_cellphone_recordings/

    While I strongly support the Sherriff and the other police agencies in Arizona, corrupt officers are not unheard of, and I strongly reject the notion that a citizen recording any interaction with any official of the state should be criminal.

    What is your position on this issue and what can we do to prevent such onerous laws, such as they have in Massachusetts for example, from becoming law here?

    --
    I still cannot find the droids I am looking for...
  50. Re:If they don't want to be recorded they are hidi by MightyMartian · · Score: 5, Insightful

    I don't think the situation is symmetrical. The whole point of our post-Enlightenment traditions in the West has been the understanding that Authority, if left unchecked, will naturally tend towards abuse. The Police, in all their forms throughout the ages, have always been the most visible aspect of abusive Authority. The ability of the citizen to make his fellow citizens aware of abuses by Authority is key to the preservation of liberal democratic values. If you give the Authorities any sort of free pass on this, you simply invite them to do their worst. If you catch them doing their worst (ie. we just had the fortieth anniversary of the Kent State Shootings), then there is some capacity to assure some degree of justice, and more importantly for the Authorities to moderate their own behaviors.

    I'm not saying all cops beat perps, in fact I'm fairly certain that most cops are decent men and women who become police officers out of a sense of duty and a desire to protect society. But even the best cops can fall victim to the us-vs-them that inevitably occurs in such an organization. Once you have that, then they start to view a much broader swathe of society than just bad guys as being the "them".

    Of course the police don't want to be recorded. In some respects it can interfere, because they may spend as much time worrying about whether swinging that baton may be seen as they do about public safety and even their own safety. But what's the alternative? If we first agree that society has a vested interest in assuring the good and proper conduct of the police, then it strikes me that bans on recording them are utterly incompatible with that notion. Liberty requires constant vigilance and what they're asking is that a tool of the vigilant be removed.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  51. Re:If they don't want to be recorded they are hidi by Hoi+Polloi · · Score: 5, Insightful

    Isn't the response of the law-and-order types to privacy complaints "If you haven't done anything wrong you have nothing to worry about"? So if the police have nothing to hide they have nothing to complain about. In fact they could be helped in case someone makes a false claim against them.

    The only real motivation they have is that they want to hide their actions. They are public employees and the public has a right to watch them.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  52. Anecdote by Theodore · · Score: 5, Interesting

    If you ride the Amtrak Southwest Chief from LA to Chicago, and are a white/hispanic male in coach, you will be stopped in Albuquerque, and your belongings searched (because you're obviously smuggling meth).
    I had recently, just before my trip, read a bit on slashdot about people being stopped in Amtrak terminals for taking pictures, and being an artist, was duely pissed at that.
    At Albuquerque, there were a couple of rail cops who stopped all of the above mentioned groups coming off the train, I was respectful, addressed him as sir, kept my hands in plain sight...
    so when the officer asked if I had any weapons, I jokingly said "just a camera"...
    Spent the next 15 minutes handcuffed, sitting on a rail with his partner looking like he was ready to kick me in the teeth while the first officer meticulously went through my baggage.

    If a picture is worth a thousand words, a vid of that should have been worth a few million dollars.
    Instead I'm left with a funny story to tell people one of the reasons when they ask, why I don't explicitly trust cops.
    (I do know some good cops, lots of them, but there's always "that guy" that fucks it up for them).

  53. Re:If they don't want to be recorded they are hidi by aaandre · · Score: 4, Insightful

    Because in a court of law, the cop's word is more likely to win. Being recorded takes away the possibility of getting away with abuse by just saying it ain't so. That's *a lot* to lose (for the cops).

    So now they are working on making it illegal to prove that they lied by recording their actions.

    Just imagine what the police report would've looked like for the BART shootings if there was no video capturing the event. Or the countless beatings, using tazers to torture etc.

    Some police brutality on the tube for your viewing pleasure.

  54. Re:If they don't want to be recorded they are hidi by ukyoCE · · Score: 2, Insightful

    Is it though? Is the workplace really private? How many millions of workers already have cameras pointed at them throughout the day, or most of the day? Every worker in retail, every worker in restaurants, most workers in office buildings. You'd almost have to ask "how many regular workers DONT have cameras pointed at them".

    If this many workers are already being recorded in the workplace, I think police officers would be one of the LAST workers we would want to take cameras off of. As much for the officers' defense and pursuit of criminals as for prosecuting officers for wrongdoing.

  55. Edmund Burke called... by Hognoxious · · Score: 4, Insightful

    Some police officer are awesome people who risk their lives to protect others.

    Some police officers are horrible little bastards that abuse their power and terrorize citizens.

    Most police officers are unionized government workers getting a check and protecting all their buddies no matter what they have done.

    The first category are clearly a tiny minority, or the second wouldn't be tolerated.

    As for the third, they're closer to the second than they'd like to think.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  56. Re:If they don't want to be recorded they are hidi by timeOday · · Score: 2, Insightful
    There is nothing wrong with hiding most things you might do on your own property, for example in your bedroom; nor your banking transactions etc. Privacy in those realms is good.

    Performing your state-sponsored job duties in public spaces, on the other hand, is quite different.

  57. Re:And DO NOT warn about a tornado during a finale by stokessd · · Score: 3, Insightful

    I realize the absurdity of that, but the broadcasters NEVER interrupt commercials, they always interrupt the content that we are given in metered doses between "product indoctrination sessions"

    Sheldon

  58. We'd all prefer bosses not to breath down our neck by izomiac · · Score: 2, Insightful

    The public pays the salary of public servants, like policemen. You don't get privacy from your boss checking up on your work, especially when interacting with a client. Furthermore, anyone entrusted with the use of lethal force should be held to the highest standards. Personally, I trust the police (in general), but I'd like to constantly verify that they're worthy of that trust, and eliminate the ones that are not.

  59. Unlike All Others by b4upoo · · Score: 2, Insightful

    Apparently cops are unlike all others in that the truth will not set them free. As cops are a part of government my premise that no government can live in honesty is pretty much being proven. Governments are like fungus. They prefer a dark place to do their thing.

  60. Call them what they are by U8MyData · · Score: 2, Insightful

    These people are public SERVANTS. They need to be held accountable more, not less than the average citizen. Otherwise we continue this slide down to a authoritarian society. All any officer needs these days to invade your personal property is "probable cause" loosely defined and even less defensible such as a broken tail light. I don't need to describe this do I?

  61. So if the new consent law applies equally... by JustNiz · · Score: 2, Insightful

    consequently all traffic, speed and red light cameras in those 12 states must now also be illegal as they don't seek the consent of the driver and all passengers prior to filming.

  62. Re:If they don't want to be recorded they are hidi by dhermann · · Score: 2, Insightful

    *sigh*... Mixing metaphors already? Also, I'm not sure if the parable of the Sword of Damocles really portends where the sword belongs.

    While I agree with the majority of us (seems like a high percentage of slashdot users are anti-Establishment) that this does seem like a move first made by the SS or the Gestapo, I think there is a fair counterpoint: the sad truth is that YouTube and modern journalism in general can grossly misrepresent accounts of encounters by editing or simply showing a few seconds of footage (Los Angeles 1992 ring any bells?). If a policeman's career can be ruined even by false accusations generated with a cellphone video and a pirated copy of Premiere, and we can all agree that this is wildly unfair treatment for people who actively choose dangerous, low-paid jobs necessary for our society's survival with little or no gratefulness by that society, what is their recourse? A law requiring YouTube and the press to show objective, balanced views of these incidents? Good luck with that.

  63. Re:If they don't want to be recorded they are hidi by dhermann · · Score: 2, Insightful

    Because in a court of law, the cop's word is more likely to win.

    Wow... you have never served on a city jury, have you? Trust me, the cop will be naturally distrusted by a group of twelve of your peers if you live in a major metropolitan area.

  64. Some thoughts about this by cyberworm · · Score: 3, Informative

    I had read about this the other evening and was really disturbed. My first reaction was the tired and cliched "if you're not guilty, then you have nothing to worry about."

    The thing to me though, is that after they started putting cameras in police cars it was trumpeted as being such a great thing for the officers. How the cameras have saved so many officers and/or brought criminals to justice, that otherwise may have gotten away with their crimes. Think about all of those shows with police car footage, where someone gets pulled over, shoots a cop, and drives off. The storyline is something like "if it hadn't been for dashboard cameras, this officer's killers may have never been brought to justice."
    But things work both ways. There have been some grievous abuses of citizens by the police, that may have never come to light if someone hadn't been there with a camera.

    There are good cops and bad cops. I've had encounters with both types. Fortunately for me I've never had my skull cracked open by either. But I feel like, if we don't have the option to record our encounters with law enforcement on the same level that law enforcement has to record their encounters with us, then we are all in trouble. From the police standpoint, I can see the argument that a citizen's recording could be biased or doctored as it doesn't have the same type of safeguards that police footage is supposed to have. But again, this works both ways. I don't know if there is citizen oversight or some type of neutral chain of custody for police dashboard video, but I've heard more than a few accounts (first hand and news stories) of video becoming "lost." To me it's not right that the people in authority are the only ones with a copy of the tape. Citizen or cop, there can be bias and misuse either way, but this can be compensated for by combining videos from both as well as eye-witness accounts to reconcile the stories to gain a more accurate description of events.

    In addition to having a camera available mounted in their car, the police also have the option of calling for backup to assist on the scene. As a citizen (I've been arrested before) I've never had the option of calling for backup/witnesses to my arrest. In a one on one encounter with a police officer, who is there to guarantee my safety and tell my side of the story? As far as I've ever experienced when it comes time to go to court, you already have a strike against your credibility because, to have an encounter with the police means that you had to have been doing something to get their attention. What hasn't really been brought up is why you've gotten their attention. Did you actually do something to warrant their attention or did the officer have you pegged for some other reason. The way you look, the car you drive, the people you know, the places you go, etc.
    As someone already pointed out, a lot of authority amounts to trust. Who do we trust to safeguard our liberties and protect society in general. As people we mainly have to trust each other. I could create a nightmare for some random stranger right now by calling the police and making some false accusation. There are laws against this, but in the time it would take to sort this out, damage would be done. In the same way, a rouge police officer could do the same. I could have an encounter with the police right now and levy some accusation against an officer. Again, in the time it would take to sort this out, damage would be done.
    I think that the police and citizenry are both well served with the right to record our interactions with each other. It could only stand to increase the amount of trust we have to place in each other and be an effective deterrent to any possible abuse of that trust by rouge authority. The best possible thing to happen right now for the police (nationally) would be for their union to stand up, support and encourage the rights of the people to record the police in the course of their jobs just as the people have encouraged the police to do the same.

    Redundant facts in the course of figuring out a crime certainly could only help to serve justice and any differences between the facts (recordings) would strengthen a case one way or another. Why should the police be the only arbiter of the facts and evidence?

    1. Re:Some thoughts about this by clone53421 · · Score: 3, Interesting

      Those cameras in their cars are never used to show cop misconduct. The video disappears.

      It’s their video and they won’t use it to self-incriminate. What did you really expect?

      Good luck forcing them to yield the video as evidence. It’s theoretically possible, but nearly impossible.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Some thoughts about this by cdrguru · · Score: 2, Interesting

      You absolutely can have in-car video subpoenaed as part of a trial. Your lawyer does it and there is no way it can be denied. Losing the video is pretty clear at trial that something hinky is going on. There are rules about how in-car video has to be kept. My company deals with police archiving in-car video for this very reason.

      Traffic court without a lawyer? Forget about it - nobody wants to deal with that and you would be correct.

      Submitting your own video record is going to be problematic because there is no presumption (or even requirement) how this video has been handled. Who exactly would be available to testify that the video hasn't been altered? You would need a video forensic expert to be on hand and there would need to be documentation about the chain of custody of the video, just as for any other piece of evidence. Not having that pretty much means it would be excluded.

      So if you have a video of police misconduct you need to get proper documentation and have witnesses that can testify about the chain of custody and handling of the video. Best to have a neutral third party take the video from the camera and put it on a DVD or something where is cannot be altered. And they need to mark the DVD and be prepared to testify that it is the DVD they made.

  65. No, this is bad by AnAdventurer · · Score: 3, Interesting

    I RTFA and this is really bad. It seems that since they only want to prosecute video where the police office in question is doing something that makes him look bad this is the reverse of "equal protection" and as such will create a rift between concerned and active citizens and police. In other times and places, this is referred to as a "police state". I don't think it could hold up as Constitutional, but given the actions of the courts in the last 9 years I just don't even know.

    --
    6.8SPC TR of 550, l xwind at 6, drift rt at 26" drops 77". AT has 503 ft-lbs at 1403 fps. FT 0.86
  66. 2 ex-Hollywood cops arrested in video frame-up by Anonymous Coward · · Score: 3, Interesting

    For those questioning why this is such an issue. take a look at this headline in South Florida "2 ex-Hollywood cops arrested in video frame-up case"
    MiamiHerald.com: News 13 hours ago Two former Hollywood police officers were arrested Wednesday and charged with doctoring a police report in 2009 after one of them crashed into a vehicle of an alleged drunken driver.

    while this is the minority, it's exactly this type of crap that justifies why we should be capturing this beloved moments on video.....

  67. Can't tamper with evidence if it's on a phone by bl8n8r · · Score: 3, Insightful

    absolute power corrupts absolutely. Cops need to be held accountable for their actions whether being recorded or not. They don't want to be accountable or recorded and neither does the legislature - hence the support. http://www.google.com/#hl=en&source=hp&q=police+video+recording+tampering

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  68. Fair's fair by billcopc · · Score: 5, Insightful

    They monitor us, we monitor them. That's fair.
    They monitor us, we can't monitor them. That's unfair.
    They don't monitor us, we monitor them. That would also be fair, because WE PAY THEIR FUCKING SALARIES.

    If they don't like it, they're more than welcome to forgo their special extra-legal privileges in exchange for less surveillance.

    --
    -Billco, Fnarg.com
  69. Re:If they don't want to be recorded they are hidi by TexVex · · Score: 3, Insightful

    Then the cops should record everything they do and keep the recordings for a few years, so they can show the whole truth, when these things happen. Plus, anyone should be able to obtain and keep a copy all footage of them that the cops take of them. On top of that, all surveillance cameras viewing public space should have publicly accessible live streaming feeds at all times.

    --
    Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  70. Re:If they don't want to be recorded they are hidi by Angus+McNitt · · Score: 3, Interesting

    Well, the don't want camera's off. I'm sure they would be very adamant about that. Just, they want control of the cameras. CCTV, DashCams, even the new "Officer Safety Cameras" that they want to start deploying in PA, are all controlled by the police. All footage is recorded and managed by the same departments that record it. So they are monitored themselves. Not a bad concept, ie Internal Affairs, except for the fact that there is _no_ oversight of this. Up until now, this has not been too greatly called into question, as citizens have taken their own video and stills and provided third party documentation. So if a police officer steps across the line, that footage can find it's way to the media/youtube.

    As a local editorial said: "Ever try to subpoena the footage from a DashCam? We have 8 times. Of those eight attempts, 3 actual subpoenas were issued. However, in each instance the tape had been 'erased' for reuse. However, in one of the instances, the police were able to produce a DashCam tape that was 3 and a half years old as evidence. When questioned as why they had a 3 and a half year old tape but could not produce a 2 month old record, their response was 'the older tape had been misplaced and as such was not erased on schedule'."

    On another note, how do you know if you took a picture of an undercover cop? Shout out "Everyone who is an undercover cop, raise your hand?" Yup, that should work.

    --
    "To Do Is To Be" - Socrates, "To Be Is To Do" - Sartre, "Do Be Do Be Do" - Sinatra
  71. Re:How can the USA be proud? by Hognoxious · · Score: 2, Informative

    Try recording a police officer in Europe doing something unflattering and posting that video on YouTube; you'll get prosecuted for invasion of privacy.

    If you aren't a total and utter liar, why are these still up?

    http://www.youtube.com/watch?v=HECMVdl-9SQ&feature=fvw

    http://www.youtube.com/watch?v=6THfDGy1hN4&feature=related

    Liar liar die in a fire.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  72. Is this a troll? I can't tell. by Petersko · · Score: 5, Insightful

    "Sadly though, there are a lot more 30-100 year olds out voting for more police power based on media brainwashing than 18-29 year olds who know about the abuses of power, thus those who care about removing abuses of power always get outvoted."

    Are you seriously claiming that 18-29 year olds are somehow more in tune to what's "real" in terms of abuse of power than those over 30?

    Oh you sad little boy.

    I know it must not seem that way from your perspective - that of somebody who only recently got big boy pants and tie shoes - but lots of us over-30 "seniors" are plenty networked.

    Besides, some of the greatest abuses of power are perpetrated by gray haired old men.

    Probably didn't occur to you that there are plenty of people who were teens in the 60's who can show you actual scars from police brutality. So get on your tricycle and go away. Come back when you've got some experience of the world that doesn't come out of a rectangle on your monitor.

  73. Most Police Units Already Record Encounters by tobiah · · Score: 2, Interesting

    Everyone is aware of the police car cams used in traffic stops, but many also are equipped with voice recorders which they turn on at the beginning of every encounter. Some even have personal video recorders. These recordings may be obtained through a freedom-of-information inquiry, although the departments may resist or deny they exist.
    I think a reasonable law would be to make any recording equally available, which is implied if you are prosecuted (defendant's right to view evidence). Same with the unavoidable recordings that are made when calling customer service, both parties should have access to that recording. Also if someone is recording you, you should be allowed to make your own recording of that encounter. The few times on a customer service call where I announced I might also be recording the conversation "for quality assurance purposes", I was transferred immediately to the completely freaked out boss. I mean really, every conversation he's ever had at work was recorded, and suddenly it's scary?

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  74. Naughty cops by Casca · · Score: 4, Insightful

    As long as they aren't doing anything wrong, they have nothing to worry about. Right? Right? Isn't that the argument used by all the people that support the patriot act bullshit? The only cops that don't want to be recorded are obviously the ones that are doing wrong.

    --
    Casca
  75. Re:If they don't want to be recorded they are hidi by dhermann · · Score: 2, Insightful

    I'm almost certain all police vehicles have a frontal camera for precisely that reason, but most times don't release it to the press. In a civil or criminal action, you are certainly free to request it during the discovery phase of the trial, and you can use it during trial (if properly authenticated). (Yes, I am a lawyer.)

    But, as was the case in 1992, if the news media has the entire clip but only choose to show a small fraction of it, in an effort to create more a salacious story and sell newspapers or increase advertising revenue, there really isn't a point to it being freely available.

    I'm also not sure how I feel about all cameras in public locations streaming to the public at all times: that seems like a slippery slope to invasion of privacy. It would certainly be a godsend for every stalker... well, ever. Imagine if facial recognition software got to the point where as soon as you stepped out into public, you could be immediately recognized and your movements tracked? Minority Report presents a decent idea of how that would go over. What about the grocery that had a security camera with a nice, clear view of your child's elementary school? The ATM across the street from Taylor Swift's apartment building? Street-level cameras streaming data that Google could use to track individual license plates and datamine their traveling habits? A fundamental religious group who sets up shop across the street from the strip club your bachelor party is at? Realtime viewing by your boss, your mother, your shady government organization, your terrorist attacker, and everyone in between? Like I said, I'm not certain that full public disclosure is the goal here.

  76. It Has To Be Said by hduff · · Score: 4, Insightful

    If the police are not doing anything wrong, what do they have to be afraid of?

    The terrible abuses in the Camden PD would never have come to light had it not been for video surveillance.

    Do we really want to condone criminal behavior by the police? Can a "good" cop justify hiding or ignoring criminal behavior on the part of police officers? Can any elected official? Any judge? If they do, they are just co-conspirators.

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  77. The Difference.... by RandomUsername99 · · Score: 2, Insightful

    Many people seem to be making a distinction between 'criminals' and cops who illegally arrest, assault or harass people. A criminal is someone who breaks the (criminal) law. There are laws against illegally arresting, assaulting and harassing people. It doesn't matter if they are cops or not, when they break the law by doing these things, they *become* criminals. They've just got badges too.

  78. Ahh, Rampart by edremy · · Score: 4, Interesting
    I was in the CA National Guard during the Rodney King riots and was stationed in Rampart district. I had a number of local citizens (non-gang-bangers) come up and thank me, not for protecting them from the rioters but from the police reprisals. At the time I wondered about it, having seen the corruption investigations later I began to understand.

    There were a huge number of scumbags in Rampart- a lot were wearing gang colors, others police uniforms.

    --
    "Seven Deadly Sins? I thought it was a to-do list!"
  79. Improvements Programs Based on Tests... by weston · · Score: 2, Insightful

    When teachers didn't want to be tested as they claimed that testing was a poor indicator of someone ability. Go Figure.

    Most teachers don't complain about being tested on their subject matter -- maybe a few, but not most. Testing on subject matter is standard practice for getting a secondary certificate these days... not just in the context of the dual education/subject degree you generally earn while you're working towards certification, but there's actually tests at the end to certify. Heck, in some states, you have continuing education requirements for a long while afterwards. This is all par for the course.

    What teachers do complain about is having how students fare on standardized tests serve as a metric for their performance. Everyone knows standardized tests are somewhat problematic metric of even student ability, but most people are willing to accept it as a starting point while trying to work with varying cases. So, just like you sometimes see higher grades than test scores would indicate awarded to students who diligently complete their homework, take extra credit assignments, consistently participate in classroom discussion, and in general work hard, you'll also see colleges accept students with lower standardized test scores who show a similar pattern in their schoolwork and extracurricular activities. (And you see people succeed in life that way, too -- my girlfriend says her rocket scientist father actually struggled quite a bit with math, but he's know since he was a kid he wanted to be freakin' rocket scientist, and he worked hard and he's a highly respected guy at Aerojet who's worked on stuff from the NASA New Horizons project to fielding calls from the Mythbusters team).

    But when you take something that problematic and then use it as an indirect metric for something else, the problems are magnified. There are too many confounding factors. What the student population brings to the table is quite simply as important as what the teacher brings, and what the larger system does to support or work against teachers is a big factor as well.

    You might be able to use tests that measure only aggregated student improvements as a minor part of an overall program including human assessments from other professionals, continuing education/training, feedback from students and parents, and organizational reviews for schools and districts. But any teacher who complains about a merit program that focuses on standardized testing is only acting on good sense.

  80. Re:AMERICAN CITIZEN KILLED BY TURK ON ISRAELI GROU by wein0 · · Score: 2, Informative

    If you are going to rage like a two year old at least try to sprinkle a little bit of truth amongst your one eyed rhetoric. Thankfully the Israelis did use cameras. You can see those innocent peace loving protesters: http://www.youtube.com/user/idfnadesk#p/a/u/0/bU12KW-XyZE The middle east conflict is not black and white. While Israel deserves criticism for some actions it is as important to acknowledge that Hamas has no Nelson Mandela. Hamas doesn't recognize Israel's right to exist. As the government responsible for Gaza its being treated the same way as the rest of the world is treating North Korea. Despite the fact that the millions of Koreans affected are civilians. It is also important to use words like Genocide in context. Keeping in mind true genocides like those inflicted in Rwanda, on the Kurds by the Turks, currently happening in Zimbabwe. If you consider introducing a little balance to your squealing then your valid points might get a little more support.

  81. Re:How can the USA be proud? by Jedi+Alec · · Score: 2, Interesting

    Europeans don't even allow you to record and publish murderers and criminals.

    Yes, god fucking forbid we protect the rights of those who are still presumed to be innocent. Or aren't you referring to the fact that we disallow the publishing of names and faces of folks when they get arrested?

    Try recording a police officer in Europe doing something unflattering and posting that video on YouTube; you'll get prosecuted for invasion of privacy.

    Well, yes, the same thing happens if you film *me* and do the same. One of our civil liberties is privacy, even in public places. You don't get to record me without my permission and vice versa.

    In Europe, they're effectively already gone, but the people don't even notice.

    Wow...and you base this on what exactly? My free speech seems to be working just fine. I get to do a lot of stuff you guys can't even dream about. The only thing I can't have is a gun and that's historically something nobody but the 'Merkins gives a shit about anyway.

    --

    People replying to my sig annoy me. That's why I change it all the time.