Posted on 03/20/2014 7:28:41 AM PDT by 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:
(Excerpt) Read more at orlandosentinel.com ...
“It’s the Phone Cops, Man.”
That way you can give them your cell phone and its recovery will be a separate issue - the recording is up on Justin.TV servers and available for download and YouTube.
Smart phones need a feature that can immediately stream your pictures and video to an online server (cloud, youtube) as you are taking them. This way the cops can’t erase the content of what you have recorded. Maybe that already exists.
Amazingly, apparently, there is no law against a LEO lying to a citizen. Nor is lying even considered unethical to them. In fact a good lie is considered good police work.
Taping typically starts after what caused it has happened. Folks run to the news saying police abuse. Then the officer prays he or she was on his dash-cam, because if not the paperwork is going to be horrendous and the officers life and family life is going to be turned upside down.
So say the officer has done the right thing all the way. Given the reasons and the multiple warnings before a take down. The perp gets taken down and out come the smartphones. The media will salatiously run with it never asking what was the reason or how many warnings were given. The officer gets put in a bad light no matter what he or she does.
Just a thought, never poke that smartphone in an officers face or way. Stay way off to the side and out of the way. It just might save you a world of hassle.
First thing. LOCK YOUR PHONE!!!!
Second thing. If you are filming a LEO doing anything, make sure that before he gets within 6 feet of you, turn off your phone so that it is LOCKED.
Third thing. If he demands that you erase or show him anything on the phone, tell him “yeah, I’ll pass that onto my lawyer who will get back with you. Also, what is your full name and badge number so that I can give it to him.”
Does that instantly put the video in a remote storage location?
Cops do what they are told. They have no ability to make intelligent decisions. It’s the corrupt administrations that are breaking the law.
It’s twisted pretzel logic that allows for anyone to be photographed/taped in public, yet disallows citizens the right to photograph/tape law enforcement officers in public.
Both have apps to run on your phone.
Probably others.
Cops, dumber than the dogs they shoot.
There is no way that your right to record what you see is dependent upon legislation.
William Flax
I looked up that app... the one review said to never use it, it was a pile of fail.
And, I am a bit suspect of it as well. How do I know it isn’t recording when I don’t want it to?
The instant a cop asks for your phone or your camera, congratulations you now live in a police state. But don’t listen to me, we need to bow down to our freindly jack booted oppressors and trust that they know better than we do and are only protecting us from having too much freedom.
Seems like there’s a 4th Amendment aspect having to do with what else is on your smart phone besides the embarrassing video. Does anyone really believe that, while they have it, the cops won’t look through your stored pictures, copy your Contacts list and phone log, etc.?
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