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The right of citizens to videotape police

Posted: November 10, 2011 - 1:04am

Twenty years ago, as Rodney King was beaten by Los Angeles police officers, a private citizen in a nearby apartment turned on his video camera. Largely because of that tape, four officers were criminally charged. In July, a homeless schizophrenic man died after a police beating in Fullerton, Calif. Audio from a cellphone video caught Kelly Thomas’ cries for his father and helped force an investigation that resulted in a first-degree murder charge against one police officer.

The increasing availability of cellphones and video cameras has fundamentally changed police abuse cases, creating vital evidence in cases that were once dismissed as matters of conflicting accounts between officers and citizens. With that change, however, has come a backlash from officers who, despite court rulings upholding the right of citizens to tape police in public, have been threatening or arresting people for the “crime” of recording them. In many states, prosecutors have fought to support such claims and put citizens in jail for videotaping officers, even in cases of police abuse.

In New York this year, Emily Good was arrested after videotaping the arrest of a man at a traffic stop in Rochester. Good was filming from her front yard; an officer is heard saying to her, “I don’t feel safe with you standing behind me, so I’m going to ask you to go into your house.” When she continued to film, the officer said, “You seem very anti-police,” and arrested her.

In Illinois last month, Brad Williams filed a lawsuit against the Chicago Police Department because, he said, he was beaten by police in response to his filming an officer holding and dragging a man down the street from inside a moving squad car. Ironically, Chicago has rejected complaints about the installation of thousands of cameras in the city that film citizens in public for use in prosecutions.

In Maryland in July, Anthony Graber got a well-deserved speeding ticket, but his real mistake was posting footage from his motorcycle helmet-cam on YouTube. It showed an irate off-duty, out-of-uniform officer pulling him over with his gun drawn. Prosecutors obtained a grand jury indictment against Graber on felony wiretap charges, which carry a 16-year prison sentence.

In Boston in August, the 1st U.S. Circuit Court of Appeals ruled unambiguously that the Constitution protects citizen videographers filming in public. In that case, attorney Simon Glik was walking past the Boston Common on Oct. 1, 2007, when he came upon three Boston officers arresting a man. Glik turned on his cellphone camera after hearing a witness say the police were being abusive. An officer told Glik to turn off his camera. When Glik refused, he was arrested for violation of the state wiretap statute, disturbing the peace and, for good measure, aiding in the escape of a prisoner.

The charges were dismissed after a public outcry, but in a later civil rights case, city attorneys fought to deny citizens the right to videotape police. The court rejected Boston’s arguments and found that the police had denied Glik his First and Fourth Amendment rights.

But other federal judges might not be so sure. Take Richard Posner, the intellectual leader of conservative judges and scholars who sits on the U.S. Court of Appeals in Chicago. Posner shocked many last month when he cut off an attorney for the American Civil Liberties Union, which had filed suit to challenge an Illinois law preventing audio recording of police without their consent.

The ACLU lawyer had uttered just 14 words when Posner barked: “I’m not interested, really, in what you want to do with these recordings of peoples’ encounters with the police.” Posner then added his concerns about meddling citizens: “Once all this stuff can be recorded, there’s going to be a lot more of this snooping around by reporters and bloggers. ... I’m always suspicious when the civil liberties people start telling the police how to do their business.”

Many judges may privately share Posner’s view of such confrontations. And the near-total silence of politicians in dealing with the question of the public’s right to record what they see and hear suggests that many legislators may also find these cases inconvenient.

Actions against citizen videographers run against not just the Constitution but good public policy. Yet, without a videotape, Rodney King would have been just another guy with a prior record claiming abuse, against the word of multiple officers.

The outcome once was all but inevitable: no tape, no case. As long as police abuse is out of sight, it can also be out of mind. If successful, the backlash against citizens recording police could guarantee that Rodney King is never repeated — the officers’ trial, that is.

• Turley is a professor of public interest law at George Washington University.

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Latitude58
14389
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Latitude58 11/10/11 - 07:43 am
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Those darn amendments...

Sure are inconvenient!

kpawsuh
10137
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kpawsuh 11/10/11 - 08:10 am
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If you are doing nothing

If you are doing nothing wrong, then you have nothing to fear. I have no doubt that politicians are not in favor of this. If they can record you, they can catch you in a lie...

kpawsuh
10137
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kpawsuh 11/10/11 - 09:04 am
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Public employees, patrolling

Public employees, patrolling public streets in a publicly owned vehicle, interacting with members of the public - where is the inherent expectation of the right to privacy? In your private home, you have an expectation of privacy and cannot be videotaped. In a private conversation, you have an inherent expectation to privacy, which is why at least one member of the conversation has to know they are being recorded or there has to be a warrant. Arresting a citizen on a public street? No inherent expectation of privacy.

kpawsuh
10137
Points
kpawsuh 11/10/11 - 09:19 am
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In their defence, they should

In their defence, they should only be prosecuted in cases where they exhibit gross negligence or blatant disregard. Everyone is going to try to get out of a ticket etc, and they are human and make mistakes, so we should be trying to can them for every misstep, but they should also be just as open to scrutiny as they expect us to be. I dont really feel that this is an issue in Juneau though. I feel we have a pretty good police force. You can always find some reason to [filtered word] and moan, but overall they are a good group and professional.

Ich Rauche
-15
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Ich Rauche 11/10/11 - 10:16 am
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While I have, in general, the

While I have, in general, the highest respect for the current officers of JPD who protect our city, there have been times in Juneau's history when less than competent people have been employed in our fair city. One such officer worked for JPD in the late 70s. A friend of mine had a few run-ins with him and was treated unfairly in both instances. My friend took him to court on one occasion and the judge ruled in favor of my friend. The officer was finally dismissed from JPD when he pulled a shotgun on a local well-known family while they were in the heinous act of buying ice cream.
The police need to be monitored in the same way that school officials and everybody else in positions of responsibility need to be monitored. If they perform their jobs the way they are supposed to they will have no worries.

jimcollman
-3
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jimcollman 11/10/11 - 10:40 am
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Avoid contact

Until the human policeman can be replaced by a preprogrammed robot, there are going to be cases of poor judgement, abuse, etc. But as a percentage of all police contacts with the public since the Rodney King episode, the incidents the author listed at best is probably about a thousandth of a percentile. Here's a twist, obey the law and you won't have a reason for police to contact you.

Persnickety Persimmon
4173
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Persnickety Persimmon 11/10/11 - 10:45 am
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Anyone who thinks police

Anyone who thinks police corruption is limited to a few lone individuals needs to watch "The Wire." Corruption comes in many forms and manifests in many ways, and is often part of the system. Look at what recently happened in New York--some corrupt cops were finally fired, but all the other cops stood behind them. It's hard to root out corruption in a system where each member protects their own.

madison89
1040
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madison89 11/10/11 - 03:52 pm
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I also come down on rhew side

Unpublished

I also come down on rhew side of LIBERTY.
Keep the cameras rolling!
ArtVandelay , can you site the source, or are you just a idiot?

Jo MacNamara
697
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Jo MacNamara 11/11/11 - 12:16 am
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ACLU

Just another reason why the ACLU is so important. They fight for your right to record video of cops doing their job, despite conservative "activist judges" with an agenda (I love using the right-wings buzz words against their own!)

Areas of public access are areas of public domain. As such, there is no expectation of privacy and the Bill of Rights shouldn't apply.

Cops need just as much scrutiny as any other taxpayer funded group, if not more. I agree, JPD is the finest collection of cops I've ever experienced. But it only takes one to ruin that reputation.

And human error being what it is, a Rodney King incident can happen here as well.

God bless the ACLU for fighting for our rights to record cops doing their job.

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