Police seizing cellphones: A civil-rights dispute

orlandosentinel ^ | March 19, 2014 | Rene Stutzman

[moonshinner_09]

You're walking down the sidewalk and see police officers making an arrest. They're using force, and the man they're arresting is protesting. You pull out your cellphone and start recording.

An officer orders you to stop, says you're breaking the law. He demands that you hand over your phone.

What should you do? Are you breaking the law?No, according to local lawyers, as long as you were in a public place and not interfering with the officer or his investigation.

"You have an absolute right to videotape an officer or anyone else on the street," said Howard Marks, an Orlando attorney who specializes in civil-rights cases. "Law-enforcement officers don't like being taped. That's tough luck."The issue has become a growing civil-rights dispute, the result of smartphone proliferation.

It has transformed a dispute that used to involve a relatively small number of people — news photographers — into one that has the potential to put cops at odds with any bystander with a cellphone.

It has prompted arrests, disputes and lawsuits across the country, including:

[grobdriver]

Yes.
I have video I shot years ago still accessible from my account.
Besides shooting with prosumer equipment, there is an Android app with which I can shoot and broadcast as long as I have a data signal.
I will assume there's an iPhone app as well.

[Vaduz]

They’re using force, and the man they’re arresting is protesting. You pull out your cellphone.
A sure way to sell a race card or get a kick back from a lawyer.

[ExpatGator]

I will not interfere with or poke a phone in anyone’s face. However, I will record ANY and ALL PUBLIC SERVANTS who I see exceeding the limits of their authority or abusing those they WORK FOR.

[latina4dubya]

But the lines get blurry about whether an officer has a right to seize the phone or camera of someone recording officers at work. If the officer thinks it contains evidence of a crime and there's a danger that the evidence is about to be destroyed, he or she should seize and hold it, according to an OPD training bulletin from November.

this is bullcrap... let the officers gather their own evidence... take their own recordings... we as citizens do not work for the law and order... if that is the case, then i want compensation for the evidence i collected for them...

[longtermmemmory]

Fortunatly Less announced it on the following news update.

[equaviator]

Cops- ya don’t have to love ‘em.

[cuban leaf]

I wonder what they would do about Google Glass wearers...

[mabarker1]

I’m still playing with it. Are You iOS or Andriod? On iOS You have to open it and hit the camera icon on top right, that activates the camera, then it says “touch anywhere to start broadcasting” or there is a “cancel” button. So I see any unwanted recording/broadcasting as Operator Error.

[cuban leaf]

“Law-enforcement officers don’t like being taped,why wonder this be so ?

---

For years now, the only tape I use is duct tape, though I sometimes play cassettes in my vintage Pioneer CT-F1250.

[HonorInPa]

They already do. I use a windows phone and my picture and videos automatically save to my Skydrive (now called OneDrive). I assume the apple fanboys have something similar.

[mabarker1]

A lens adjustment.

[Logical me]

Many police departments are moving in areas that resemble the gestapo. They must be checked and soon. Take-downs do not entitle a beating.

[Dr. Bogus Pachysandra]

If you can be called to testify as to what you saw, you should be able to record what you saw.

[B4Ranch]

Fifteen years ago FR was crawling with pro police members. With the militarization of our nations police departments, a strange thing occurred. The people woke up and realized that the days of our local peace officer have disappeared and they have been replaced with a law enforcement composed of military tactic trained SWAT teams and patrol officers who basically are goons and thugs willing to shoot a dog without any thought process whatsoever.

There was a time when I would have stopped to assist any officer make an arrest, if he required my extra hands. Not anymore. Those days are long gone as are our peace officers.

In Reno, NV (2012) most police officers total pay varied from $175,000 to $100,000. I would think that for that kind of money we could get intelligent, effective police.

http://transparentnevada.com/salaries/search/?q=police+officer&t=job&j=reno&y=2012&s=default

[Daffynition]

**..........most police officers total pay varied from $175,000 to $100,000........**

You betcha....and racking up enough overtime to pad their best 3 years for a $125K s-w-e-e-t retirement package....with full state supported healthcare.

Shotgun Fired in Naugatuck Cruiser Damages Car, Police Station - Naugatuck, CT

Read it and weep.

[Ohioan]

Agreed!

[Ohioan]

I think that the very sad switch in Police quality & focus, which you describe, probably varies from town to town. I do not want to sound paranoid, but I also see a Federal influence at work, here, in the wrong direction.

When J.Edgar Hoover headed the FBI, there was cooperation, but clear respect for the fact that the Police represented local communities, with respect for those they served. Most cops voted for Conservative candidates, devoted to the American tradition.

William Flax

[Ozark Tom]

If a boost in minimum wage could push automation forward to replace people in a burger shack, when do we get to put “Robocop” on the street at these levels of compensation?