You Have A Right To Record The Police
Law prof Glenn Harlan Reynolds (aka Instapundit) writes at the Wash Ex about the recent spate of arrests by police of citizens recording or videotaping them:
Tiawanda Moore had made a sexual harassment complaint against a Chicago patrolman. When she was visited by police Internal Affairs officers who tried to persuade her to drop the charge, she recorded the audio using her Blackberry. Though the audio reflected rather poorly on the Internal Affairs officers, the response of the Chicago state's attorney was to act not against the offending officers, but against Ms. Moore, charging her with "wiretapping."After the tape was played, the jury took less than an hour to return a verdict of not guilty. "When we heard that, everyone (on the jury) just shook their head," said one juror interviewed afterward. "If what those two investigators were doing wasn't criminal, we felt it bordered on criminal, and she had the right to record it."
Illinois law makes it illegal to record conversations with public officials without their permission. If the officials are law enforcement officers, the penalty can be as much as 15 years in prison. It's hard to see what purpose such a law could serve, except to protect corrupt officials from exposure.
Glenn explains that technology may be winning, but...
...The real problem is that America has a class of government workers who believe that they are above citizen scrutiny, and who are prepared to abuse their powers to avoid that scrutiny. The only solution for this is to punish offenders severely enough that others learn their lesson.Some have proposed a federal civil rights law specifically recognizing the right of citizens to record police, and including severe punishments for police and prosecutors who violate that right. Frankly, it seems like a pretty good idea. Until then, however, we need to educate both police and citizens that photography is not a crime, even when those who wield government power, ostensibly on behalf of the citizenry, would rather not be photographed.







Sometimes I feel like YouTube is the only thing keeping the United States from devolving completely into a fascist state. Or are we there already?
David Csonka at September 9, 2011 10:52 AM
Amy Alkon
https://www.advicegoddess.com/archives/2011/09/you-have-a-righ.html#comment-2467553">comment from David CsonkaThe thing that's heartening is that I see, in the past six months especially, and maybe in the past year, that more people are starting to see this.
Amy Alkon
at September 9, 2011 11:04 AM
> YouTube is the only thing keeping the
> United States from devolving completely
You might want to check your math on that.
Waking up the sheeple... Melodically!
Crid [CridComment at gmail] at September 9, 2011 11:29 AM
Not to disrupt, but I found a really cool website of people telling the stories of those who died in 9/11...
http://storycorps.org/
PS- Good for that jury! Maybe if word got out more about the importance of jury duty in our legal system less people would be inclined to dodge it.
Eric at September 9, 2011 12:40 PM
FYI: Federal appeals court has already ruled that you have a
constitutional right to videotape the police in a public place.
http://www.universalhub.com/2011/court-says-state-law-banning-recording-police-offi
Ron at September 9, 2011 12:45 PM
The technology is so cheap, that the government should have a duty to record interviews. This would include interviews which might place a citizen in jeopardy, collect evidence, or which concern an official complaint.
And the citizen should have the explicit right to record any interview, and any interaction with another person.
Many jurisdictions allow audio recordings where at least one of the participants agree. Illinois allows recordings only where all participants agree or there is a warrant. Of course, Illinios has a long history of official corruption. Al Capone comes to mind.
Andrew_M_Garland at September 9, 2011 2:13 PM
Liberty thang
Crid [CridComment at gmail] at September 9, 2011 2:45 PM
I remember once when a particularly gifted thinker said something about the American fascination with video.
Crid [CridComment at gmail] at September 9, 2011 4:44 PM
Look at the Rodney King tape.
The police learned from that -- stop the filming or you're screwed.
Jim P. at September 9, 2011 6:44 PM
>Liberty thang(Crids Link)
Right, so apparently denying gun permits to law abiding citizens in neccessary to combat gun crime.
Well with any luck yellowstone will explode fairly soon and the people smart enough to survive can get another crack at building a sensible scociety
lujlp at September 9, 2011 6:55 PM
I'm trying to fathom why cops seem to think that they shouldn't be recorded if not so they can abuse their privilege with impunity. Then I'm reminded of the arrest of Shelwanda Riley, a 17-year-old girl who was out past curfew wearing clothing with the tags still attached and carrying a white garbage bag with more tagged clothing inside. She refused to answer the policeman's questions, attempted to kick him in the groin, resisted arrest, and yet somehow, some people seem to watch this video and think "FUCK THE POLICE!" Why?
From where I sit, this cop didn't do anything wrong. Maybe some cops object to being recorded because some people are so friggin' stupid.
Patrick at September 9, 2011 9:34 PM
From the Liberty Thang post:
She makes the same assumption of every non-gun owner, liberal, progressive, whatever you want to call the radical left: The possession of a firearm in a public space will cause you to lose all reasonable, sound, judgement in at the slightest stress on the CCW persons life.
The very possession of a firearm means that you have lost all consideration for the use, or misuse, of that firearm. You also have no regard for the consequences that come with that use.
If that were the case -- there would be thousands, if not tens of thousands of incidents it this were true. There are between 6 and 10 million licensed to carry in the U.S. already. If there was a 1% incidence out of 6 million that would be 60,000 firearm incidents.
Gun Deaths & Injuries
So revising my numbers at a guess to 2007 to 4 million licensed CCW -- that would 40,000 deaths and or incidents of improper use.
Plain and simple: Do the math and you can debunk the bullshit.
www.defensivecarry.com/forum/concealed-carry-issues-discussions/120389-how-many-concealed-carry-permits-there-us.html
www.lcav.org/statistics-polling/gun_violence_statistics.asp#3
legallyarmed.com/decade.htm
Jim P. at September 9, 2011 9:51 PM
Bunk, and debunking, isn't really enough. They're happy to lie... They think they're saving *lives*, man.
Notice:
The needs of the state and government are mentioned distinctly, as if the they weren't identical, while individuals go unmentioned and the "public" is passive.
Watch language. Always. Got it? Constructions like that are not accidental.
Crid [CridComment at gmail] at September 9, 2011 11:03 PM
I may be wrong, but it seems like these laws arose from laws protecting other workers... ie parents secretly taping nannies, bosses videotaping employees, etc. I can see why they might want cops protected from people filming them picking their nose on duty or taping them having a private conversation with their partner as they sit and watch construction sites. I assume this was the intent.
Couldn't the law be rewritten so that you could film them committing crimes? Intent counts in other crime situations, why not here?
NicoleK at September 10, 2011 1:55 AM
Don't anyone infer from my previous post that I am against being allowed to record the police. On the contrary, I'm for recording every police encounter you experience. We should have hidden cameras surrounding and inside our house and in our vehicles.
Just trying to fathom why an honest cop might object. The only reason I can see is that otherwise appropriate conduct, such as exercised by Dan Gilroy in the video I posted in my previous post, might still be viewed as "police brutality." Other than those few -- very few -- exceptions, the only reason a cop has to object to your recording him is because he intends on violating your civil rights and doesn't want you recording it.
Patrick at September 10, 2011 2:06 AM
The only logical reason I can see for Police not wanting to be video taped is that they KNOW they're not always above board and completely honest.
But in court, we know who gets the benefit of the doubt from the bench in cop vs. citizen.
OK, I got a deal for you. We'll stop videotaping police when we reinstate the Constitution and Bill of Rights in their entirety.
NO MORE illegal searches at the airport by the TSA. Read the Fourth Amendment again, your honor. Tell us which part you have trouble understanding.
NO MORE illegal DUI checkpoints. Did we forget the Fourth Amendment already?
NO MORE security theater. Tourists and amateur photographers taking pictures is not a 'suspicious activity' requiring your attention. National monuments, parks, etc are things many people like to see and (imagine that) take pictures or video of. Fact is, tourists and photographers outnumber terrorists by a large margin. Sorry this fact might interfere with Fatherland Security's budget.
Stop treating us all like potential suspects.
Until that happens, we'll all continue to video you folks as we see fit.
DrCos at September 10, 2011 4:49 AM
See how I pull two related topics together?
DrCos at September 10, 2011 4:50 AM
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