Recording the Actions of Police

Any time there is a protest, a violent crime or even just a couple cops on the street harassing a citizen chances are there will be dozens of people within shouting distance with a camera right in their pocket.  In the case of a protest the massive demonstrations almost demand to be captured on film, a violent crime can many times draw out the more depraved individuals who would like to share their disturbing video online and when a police officer is harassing someone unjustly it is not only our right, but our duty to record them and report them to their superiors.

Sadly many MANY individuals have been arrested, beaten, and had their equipment broken or stolen while filming any given police officer.  Washington D.C. Police Chief Cathy Lanier came out July 24th to reiterate the fact that U.S. citizens have every right to film on duty police officers.  Ars Technica reports that:

"A bystander has the same right to take photographs or make recordings as a member of the media," Chief Lanier writes. The First Amendment protects the right to record the activities of police officers, not only in public places such as parks and sidewalks, but also in "an individual’s home or business, common areas of public and private facilities and buildings, and any other public or private facility at which the individual has a legal right to be present."

Lanier says that if an officer sees an individual recording his or her actions, the officer may not use that as a basis to ask the citizen for ID, demand an explanation for the recording, deliberately obstruct the camera, or arrest the citizen. And she stresses that under no circumstances should the citizen be asked to stop recording. 

That applies even in cases where the citizen is recording "from a position that impedes or interferes with the safety of members or their ability to perform their duties." In that situation, she says, the officer may ask the person to move out of the way, but the officer "shall not order the person to stop photographing or recording." 

She also notes that "a person has the right to express criticism of the police activity being
observed.

There is NO reason a cop should take your camera from you unless you specifically allow them to.  

"Consent to take possession of a recording device or medium must be given voluntarily," 

Even if there is deemed to be evidence or contraband inside the camera a superior officer needs to be called in order to circumvent the necessary warrant normally needed to take someones personal possession.  If they do have probable cause to review the contents of your camera:

"photographs or recordings that have been seized as evidence and are not directly related to the exigent purpose shall not be reviewed"

If for any reason the police confiscate your camera they are NOT allowed to delete anything from it.  Chances are what they are attempting to delete is evidence that they were conducting their job inproperly or breaking the law themselves.  The article goes on to say that officers:

"shall not, under any circumstances, erase or delete, or instruct or require any other person to erase or delete, any recorded images or sounds from any camera or other recording device. [Officers] shall maintain cameras and other recording devices that are in Department custody so that they can be returned to the owner intact with all images or recordings undisturbed."

Of course this is all great that the Police Chief announced all of this, so what happens the very next day according to Pixiq:

an undercover cop snatched a cell phone from a man who was recording an investigation in public.

When they finally returned the phone back to Earl Staley later that day, he said his memory card was missing.

Apologist for the police claim that the officer in question may not have known about the "new" rules handed down by the chief.  When in reality these are not new rules at all just her REITERATING the existing laws for ignorant and uneducated police officers who don't care to actually know the laws of their land.  As always this does not reflect on ALL cops, there are many MANY great police officers out there doing their job properly and upholding the laws to the tee.

It's the Steroid Headed Macho Man Dumb Asses who think they can do whatever they want to a U.S. citizen that puts all of their peers in a negative light.  Sadly when things like this happen the officer in question rarely if ever gets even a warning.  The police are allowed to break as many laws as they want in order to make sure no one else even thinks about bending them.  What a truly sad state of affairs we find ourselves in.