Woman arrested for filming police

[quest7]

Good Citizen, Bad Arrest: New York Woman Arrested After Videotaping Police — From Her Own Front Yard JONATHAN TURLEY

YouTube - ‪Police Officer Arrest Woman "Emily Good" in Her Front Yard for Filming the Cops‬‏

 

[FreakyLocz14]

From what I've read, past cases are on her side. She looks set to collect a settlment for flase arrest.

 

[Knewz]

Depending on the state/jurisdiction, filming the cops is illegal.

 

[A.Nonymous]

Depending on the state/jurisdiction, filming the cops is illegal.

Not necessarily it's not. Courts have upheld that police can be filmed in most cases.

 

[Knewz]

Not necessarily it's not. Courts have upheld that police can be filmed in most cases.

I wouldn't say most. but some yes. I know a girl personally who videotaped a cop's lude behavior. But being as how that it illegal to record cops in maryland she was charged. Along with resisting arrest, interfering with investigation, lol....but it wasn't funny....lol

 

[nlsme]

Depending on the state/jurisdiction, filming the cops is illegal.

But, that is not what she was arrested for. She was arrested for disobeying the cops order. The cop gave the order, because he "felt unsafe with her standing behind him". So, it is now illegal to stand behind a cop.....

 

[Knewz]

I was just pointing out the legality of recording LEOs. Many people think is some kind of right and is only express as not being legal in 3 states.

 

[RiverOfIce]

Here is the deal, police are there for public safety. Once the police gives you an order that involves their safety or your safety, you are required by law to follow that order. Once he said, I do not feel safe with you stand there, she was required by law to move.

She should be charge with objection of justice, failure to follow an official order, and resisting arrest.

The police have the right to secure the area for your and their safety.

 

[A.Nonymous]

Recording is generally legal. How you record it is differently. If the cops are doing a traffic stop and you're standing on the sidewalk video taping it then you're probably ok.

 

[lordofthereef]

Here is the deal, police are there for public safety. Once the police gives you an order that involves their safety or your safety, you are required by law to follow that order. Once he said, I do not feel safe with you stand there, she was required by law to move.

She should be charge with objection of justice, failure to follow an official order, and resisting arrest.

The police have the right to secure the area for your and their safety.

He had no reason to feel unsafe. There is a higher risk from someone shooting at him from a window than someone standing on their lawn. Also, it seemed pretty clear to me that there were others standing outside around her based on that video. Funny that the officer picks the girl with the camera to feel unsafe about. He didn't mention, to a single other person, not to approach.

IMO this is a clear case of abuse of power.

FWIW, it IS legal to video tape a police officer in the state of New York.

 

[lordofthereef]

I wouldn't say most. but some yes. I know a girl personally who videotaped a cop's lude behavior. But being as how that it illegal to record cops in maryland she was charged. Along with resisting arrest, interfering with investigation, lol....but it wasn't funny....lol

Hopefully she appealed this.

http://news.change.org/stories/ruling-protects-right-to-film-maryland-police

 

[Sak01]

If I had it my way and the technology was available, police officers would be required to wear a small, unobstructive video camera on their uniform to capture everything in the duration of their shift.

The courts get first rate evidence for prosecuting criminals while the cops make sure they do their jobs properly. Everybody wins.

 

[lordofthereef]

If I had it my way and the technology was available, police officers would be required to wear a small, unobstructive video camera on their uniform to capture everything in the duration of their shift.

The courts get first rate evidence for prosecuting criminals while the cops make sure they do their jobs properly. Everybody wins.

Not a bad idea, but how does this pertain to this case?

 

[Sak01]

Not a bad idea, but how does this pertain to this case?

It doesn't directly but it's not completely off topic. This case demonstrates how much cops hate being filmed and that some(not most) would make up false or exaggerated charges when they can't intimidate someone into stopping filming. It also possibly demonstrates how concerned citizens feel the need to film the police in case they get up to any hanky panky.

The video camera idea would kill a lot of these birds with one stone.

 

[Isthmus]

Depending on the state/jurisdiction, filming the cops is illegal.

I'm pretty sure it is not that black and white and right now there are several cases challenging the constitutionality of those laws working their ways through the courts.

 

[ultradroid]

He had no reason to feel unsafe. There is a higher risk from someone shooting at him from a window than someone standing on their lawn. Also, it seemed pretty clear to me that there were others standing outside around her based on that video. Funny that the officer picks the girl with the camera to feel unsafe about. He didn't mention, to a single other person, not to approach.

IMO this is a clear case of abuse of power.

FWIW, it IS legal to video tape a police officer in the state of New York.

It was a blatant (and ridiculous, I might add) abuse of power. This kind of thing has to be stopped, and abusive cops have a good reason to fear video taping of their actions by private citizens. Cops who are performing their duties within the letter of the law, on the other hand, have not a thing to worry about. The video tape would back up their testimony in court.

-Mike

 

[ultradroid]

Depending on the state/jurisdiction, filming the cops is illegal.

Why on earth would it be illegal?

-Mike

 

[OutofDate1980]

The police order has to be reasonable, in this case it was not. The stated fear by the police was a clear pretext to stop the filming. A lawsuit is expensive, so only those with the ample financial means have the ability to protect their rights.

This individual will most likely have the criminal charges dismissed, but to the tune of several thousand of dollars for a half-way competent attorney. A civil action will start at about 100 grand and even with a contingency agreement, upfront cost of about 20 grand will be necessary.

 

[Bomfy]

If I had it my way and the technology was available, police officers would be required to wear a small, unobstructive video camera on their uniform to capture everything in the duration of their shift.

The courts get first rate evidence for prosecuting criminals while the cops make sure they do their jobs properly. Everybody wins.

I had an instructor a few semesters ago who was a cop and a was with the Secret Service. He said there are quite a few organizations that are looking into adding a camera and mic to the badge. Most just the camera. The plan is to just have a small hole in the middle of the badge and there's the camera. He was very much under the impression that with the economy the way it is that most, if not all, have tabled the idea for the time being.

Now, back onto the topic.

 

[Knewz]

Why on earth would it be illegal?

-Mike

In the states of Illinois, Massachusetts, and Maryland, all recordings must be agreed to by all parties involved. Since the police would never give their consent, the recording would be illegal.

 

[Bob Maxey]

In the states of Illinois, Massachusetts, and Maryland, all recordings must be agreed to by all parties involved. Since the police would never give their consent, the recording would be illegal.

How does the press figure in to the mix? Does being a member of the press grant some assumed "rights?" I cannot imagine that every member of the press has written permission before they film a cop. and if the courts become involved, I would imagine it could become a he said/she said issue

Or are you referring to audio recordings and things like recording your phone calls?

I do not in any way believe that if I am in one of the states you mention, I require permission form the police before I film them. Especially if on a public street or on my property.

Then again, you might be right. Care to prove it?

EDIT: If all parties are required to obtain permission, does this apply to the police with cameras in their cars?

 

[Knewz]

"Can We Tape?"

However, federal law requires only one-party consent to the recording and disclosure of a telephone conversation, but explicitly does not protect the taping if it is done for a criminal or tortious purpose.

Now there have been many cases of the "media" filming persons/activities and were later sued for not getting consent first (ABC was infamous for this). In regards to your "police with camera's question", i do not have the answer but i'm sure there is some loophole that allows LEO's to record...if not, you could easily ask them if you are being recorded and ask them to turn it off.

 

[lordofthereef]

State courts have interpreted the laws to protect communications only when the parties have a reasonable expectation of privacy

From your own link. I would think a public street falls outside "reasonable expectation of privacy". Clearly this law was written in favor of not allowing illegal wiretapping/filming inside a person's private residence.

 

[Knewz]

From your own link. I would think a public street falls outside "reasonable expectation of privacy". Clearly this law was written in favor of not allowing illegal wiretapping/filming inside a person's private residence.

Reasonable Expectation of privacy is usually subjective though.

 

[lordofthereef]

Reasonable Expectation of privacy is usually subjective though.

Well, within the link, it gives the example of speaking loud enough that the neighbors can hear. The police were clearly speaking loud enough that others could hear without really approaching the scene. To be fair, I am not sure one can very well argue they expect privacy when doing something out on a public street.