Do you think it should be illegal to record cops?

[no1_vern]

It seems that law enforcement officers are more afraid of cameras than they are of guns.

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the "shooter" rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the "shooter" rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where "no expectation of privacy exists" (Illinois does not) but in practice this exception is not being recognized.

--SNIP--

The selection of "shooters" targeted for prosecution do, indeed, suggest a pattern of either reprisal or an attempt to intimidate.

--SNIP--

The case is disturbing because:

1) Graber was not arrested immediately. Ten days after the encounter, he posted some of he material to YouTube, and it embarrassed Trooper J. D. Uhler. The trooper, who was in plainclothes and an unmarked car, jumped out waving a gun and screaming. Only later did Uhler identify himself as a police officer. When the YouTube video was discovered the police got a warrant against Graber, searched his parents' house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law.

2) Baltimore criminal defense attorney Steven D. Silverman said he had never heard of the Maryland wiretap law being used in this manner. In other words, Maryland has joined the expanding trend of criminalizing the act of recording police abuse. Silverman surmises, "It's more [about] ‘contempt of cop' than the violation of the wiretapping law."

3) Police spokesman Gregory M. Shipley is defending the pursuit of charges against Graber, denying that it is "some capricious retribution" and citing as justification the particularly egregious nature of Graber's traffic offenses. Oddly, however, the offenses were not so egregious as to cause his arrest before the video appeared.

Almost without exception, police officials have staunchly supported the arresting officers. This argues strongly against the idea that some rogue officers are overreacting or that a few cops have something to hide. "Arrest those who record the police" appears to be official policy, and it's backed by the courts.

What do you think? Should it be illegal to record police officers?

[brandon184]

I can't see any reason why it should be illegal.

[pickel]

It seems that law enforcement officers are more afraid of cameras than they are of guns.


What do you think? Should it be illegal to record police officers?

Only when ON Duty. How else are we going to keep them honest.

Two cops parked..

"Hey, man..pass me that pipe, quick. My lighter ran out of fluid and it's my hit Quick MAN !!!!!!!"

[Whir]

What a giant pile of BS. Just go ahead and declare it a police state already.

[The Real Bingo]

What a giant pile of BS. Just go ahead and declare it a police state already.

+1

It's OK to record traffic stops, but not other encounters? What's the difference? What do police departments care more about: embarrassment from poorly handled stops/arrests, or violating someone's civil rights? I think we all know the answer.

[Creatures]

afaik over here you have to tell the cop that you are going to record them before actually doing so, because recorded material without the knowledge of the other person is not usable in court

Creatures

[Mikev2.0]

Nope, should definitely not be illegal.

afaik over here you have to tell the cop that you are going to record them before actually doing so, because recorded material without the knowledge of the other person is not usable in court

Even if the police are in public?

[cksboy15]

The cops are public employees, they are paid by the tax payers. If they can record me, I can record them.

If a cop is using a dash cam to make sure I'm not being an asshole, I should be able to use a dash cam to make sure the cop is not being an asshole.

Because if a cop is an asshole that dash cam the cop has is just going to disappear.

Agreed. As long as it is during a traffic stop or other such things while police are on duty (I really don't want to know what they do off duty).

[HMMurdock]

I can't see any reason why it should be illegal.

Hell, not only should it not be illegal, it should be MANDATORY.

[Creatures]

over here all participants have to be aware of the recording if it's in public, every data collected this way if some are not aware of the recording is not usable in court

private places are different, you can put up as many cams as you want in your home without telling anyone BUT having a camera/mic pointed at the streets you have a very good reason to do so, burglar cams are for example forbidden if they record more than your door/land

Creatures

[Theophylact]

Hell, not only should it not be illegal, it should be MANDATORY.

Seconded.

[pickel]

afaik over here you have to tell the cop that you are going to record them before actually doing so, because recorded material without the knowledge of the other person is not usable in court

Creatures

Tell the cop ???? I'm sure that will get you a slap on the head with a Billy Club.
The cop would probably show the video at the local watering hole and have his buddies ROTF.
Creatures WTF

[SiliconJon]

+1

It's OK to record traffic stops, but not other encounters? What's the difference? What do police departments care more about: embarrassment from poorly handled stops/arrests, or violating someone's civil rights? I think we all know the answer.

+2

Welcome to the United Police State of America. See my sig ,,,

Hell, not only should it not be illegal, it should be MANDATORY.

Seconded.

Thirded

[bartskid]

What happened to "protect and serve"..on every police car, paid for by tax payers who pay for their protection. If someone, even an officer, ( maybe especially an officer) misbehaves and a person has a cell phone to record the officers "crime'..often this is the only thing between an innocent victim being taken for a ride and an out of control officer shown for who and what he is. My dad was a police detective but an honest one. Even he would state the truth needs to be out there. I've met several abusive officers, and many nice ones. They're no different then regular people in their ability to screw up..but due to who they are they should be held to a higher moral standard.

[Creatures]

So you all see the police as unlawful people just running around and beating up others?
And the only way to fight back is to record it?

Creatures

[The Real Bingo]

So you all see the police as unlawful people just running around and beating up others?
And the only way to fight back is to record it?

Creatures

Recording law enforcement officers serves at least these purposes:

1. to deter the LEO from conducting himself in a way that is contrary to your rights;
2. in case #1 doesn't work, then to have irrefutable proof that he did act in a way contrary to your rights; and
3. provide incontrovertible proof in court, and to prevent he-said-she-said scenarios

Your retarded remark seems to have been submitted without consciousness.

[Creatures]

What about eye-witnesses? why should a video be worth more than a witness (or possibly more than just one)

A video can be edited, cut together and manipulated in so many ways that IMO a visual proof is not really proving anything.

Creatures

[Chuckiechan]

More police agencies are adopting helmet cams which I think is a great idea. As far as civilians filming cops, as long as they don't interfere with the police it should be ok.

There are lawful orders given by police that may make filming diffcult, like telling you to stay back "X" feet from the scent. But then there is telephoto lenses.

We need "nightstick cam"...

"Donut cam"? Maybe...

[Creatures]

Video editing is easy enough to stir emotions, talking about manipulating footage to make it look like police brutality for propaganda
video editing came a long way, faking objects or removing them from video is as easy as with a picture alone, you just have to be very patient

but thinking about it, the main reason to disallow recording of police officers is that they are anonymous, the police should be seen as one, the individual is not to be blamed for any righteous activity and thus they try to protect the individual by disallowing recordings. You don't ask for a police officers name either and afaik they don't have to give it to you to protect their personality while they act on behalf of the government. Or am I wrong here?

Creatures

[SiliconJon]

Human recollection is far less accurate and far easier to alter or manipulate than video.