What To Say When the Police Tell You To Stop Filming Them

HughPickens.com writes: Robinson Meyer writes in The Atlantic that first of all, police shouldn't ask. "As a basic principle, we can't tell you to stop recording," says Delroy Burton, a 21-year veteran of DC's police force. "If you're standing across the street videotaping, and I'm in a public place, carrying out my public functions, [then] I'm subject to recording, and there's nothing legally the police officer can do to stop you from recording." What you don't have a right to do is interfere with an officer's work. ""Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations," according to Jay Stanley who wrote the ACLU's "Know Your Rights" guide for photographers, which lays out in plain language the legal protections that are assured people filming in public. Police officers may not confiscate or demand to view your digital photographs or video without a warrant and police may not delete your photographs or video under any circumstances.

What if an officer says you are interfering with legitimate law enforcement operations and you disagree with the officer? "If it were me, and an officer came up and said, 'You need to turn that camera off, sir,' I would strive to calmly and politely yet firmly remind the officer of my rights while continuing to record the interaction, and not turn the camera off," says Stanley. The ACLU guide also supplies the one question those stopped for taking photos or video may ask an officer: "The right question to ask is, 'am I free to go?' If the officer says no, then you are being detained, something that under the law an officer cannot do without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. Until you ask to leave, your being stopped is considered voluntary under the law and is legal."

Comments

One small problem

[Anonymous Coward]

"If it were me, and an officer came up and said, 'You need to turn that camera off, sir,' I would strive to calmly and politely yet firmly remind the officer of my rights while continuing to record the interaction, and not turn the camera off," says Stanley.

And if it were me, I would think twice or thrice about getting on the bad side of the local police department, being arrested (and who knows what else). Of course I would be vindicated, but that can occur after I spent some time in jail, got charged with some bullshit, spent who knows how much money on laywers and called ACLU for help...

I mean, look -- there were a bunch of recent stories with suspects getting killed or beaten, and if one is lucky, the police is charged afterwards. Sometimes not even that. Basically, most of us cannot afford to stand on principle. Many have family to support or career to preserve, or both.

Re:One small problem

[cayenne8]

When dealing with the police, avoid being black. This will greatly reduce your chances of being beaten, unlawfully being detained/arrested/searched, or otherwise having your other civil rights violated.

Well, I"m of the thought that there is a little preponderance to DWB, etc...but I don't think it is JUST being dark skinned that is the majority of the problem.

It seems to show that it is mostly black, in that an disproportionate amount of crime is perpetrated by black people, and many of the worst neighborhoods, poor and crime ridden are majority black / minority occupied, so this skews the stats a bit.

And, from many of the video's I've seen (and some experience viewed in person while living in New Orleans), many black people interact and react to the cops in a hostile manner right off to bat.

If a cop comes up to them, quite often you see the citizen immediately get confrontational, start cursing, etc.....that just escalates a tense situation on both sides.

I would posit that so many of these arrests and all would sharply drop if many of these folks interacted with the cops as I have when dealing with them. I stand very still, if asked to move or comply with doing something, I do it. I am quiet, I don't really talk to the officer unless specifically answering a direct question (if it is something not violating my rights). I address the officer as "Yes/No Sir/Ma'am" when responding to them. I am quiet, polite and as non-confrontational as I can possibly be.

Before I move to do anything (get something out of pocket or out of car, etc...I ask the officer if it is ok to do xyz....and wait till they say yes, and Imove very slowly, etc.

In other words, I give the officer(s) as little reason as possible to escalate things.

But when I see folks...no matter the color, get all excited and belligerent when dealing with the officer, I'm just think in my head. "well...they're going to jail".

I mean seriously, so this many folks need to go to a class how to deal with police, and talk and deal with people in general? This should be a no brainer....

The LAST person whose face I want to get into, is an police officer with a gun.

It is amazing what a "Yes Sir" and being calm will do for you....why is this so far for folks to figure out?

"Am I free to stay?"

[jareth-0205]

"The right question to ask is, 'am I free to go?'"

Are you not sort of expected to leave if you ask if you're free to go? I don't want to leave, I want to continue doing the legal thing that I'm doing.

Problem only for now

[paiute]

This whole problem will go away when recording devices become so small that police will not know who is filming them and who is not. Eyeglasses? Could be a camera. Contact lenses? Camera? Glass eye? Camera. Third button down on the shirt? Camera.