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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."

50 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 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?
    2. 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.

    3. 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?

    4. 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."

    5. 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.

    6. 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.
    7. 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.
    8. 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.

    9. 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?
    10. 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
    11. Re:The steady slide to Police State continues by Anonymous Coward · · Score: 5, Informative
    12. 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.

    13. 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.

    14. 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!!!
    15. 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.
    16. 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!
  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
  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!"
  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!

  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. 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
  8. 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.

  9. 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.

  10. 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
  11. 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!
  12. 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.
  13. "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...

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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
  22. 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?

  23. 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.
  24. Re:Obvious abuse of power by AndrewNeo · · Score: 5, Insightful

    Especially when the tapes are mysteriously destroyed.

  25. 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/

  26. 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.

  27. 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...
  28. 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.
  29. 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
  30. 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).

  31. 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.
  32. 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
  33. 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.