Police Must Respect the Right of Citizens to Record Them | Hacker News Reader

Police Must Respect the Right of Citizens to Record Them

eff.org

”While an officer surely cannot issue a ‘move on’ order to a person because he is recording, the police may order bystanders to disperse for reasons related to public safety and order and other legitimate law enforcement needs.”

Hmm. That looks like a loophole the size of "stop resisting" or "I feared for my life."

I'd be willing to bet that the future holds a notable number of court cases which will turn on the question of whether an officer was justified in requesting dispersement for "public safety reasons"... maybe even as standard operating procedure.

Still, this is an improvement.

In politics, just like in life, you ask for the cadillac, you get the dodge. Just like the ACA - small baby steps, painfully small. Slow progress, or you upset the delicate balance too much.

At least there will be video evidence that the court can use to decide, since deleting the video cannot be justified on this basis.

They could delete the video and pretend that it was never taken, but that's no different to what we have now and what we would have even if there were no exceptions whatsoever.

Cameras have zoom ...

...but not parabolic microphones.

Maybe yours doesn't.

If your video proves that the circumstances don't warrant "public safety" concerns, that could be overturned. ;)

Please make sure your device is uploading the video as you record it before you try to make a court case out of yourself.

It's no fun spending a night in the drunk tank only to discover that your phone was mysteriously wiped in the night.

I actually meant "if told to leave the scene while recording, make sure to record the request and then comply", which wouldn't normally be a circumstance where you'd be arrested.

You're certainly right about uploading as you record wherever possible though.

I can't cite the exact case, but I think there's been at least one case where someone did that and were still arrested, because they didn't comply with the implicit request - "stop filming me, citizen" - quickly enough.

I could be wrong, and this might be a memory I made up. :/

> Hmm. That looks like a loophole the size of "stop resisting" or "I feared for my life."

Yup, it's an excuse that cops use the most in PINAC[1] videos.

Edit: [1] http://photographyisnotacrime.com/

Im just kinda musing out loud here but I wonder if there is any synergy to be had between the right to record police and the need for grand jury reform wrt police prosecution. The two causes could reinforce each other. Also reminds me of a lyric:

In Orwell's hell A terror error coming through But this Little Brother Is watching you too

The police have to know they can't win this battle and should throw in the towel and capitulate. Particularly when live broadcasting services are taking off.

> The police have to know they can't win this battle and should throw in the towel and capitulate.

The police has already won this battle; that is why this EFF page exists.

In the last decade or so, the police has successfully and powerfully militarized itself, became (again[1]) progressively more violent, began (again[1]) handling protests and dissent more and more harshly. They won this battle, partially with the help of the congress and the intelligentsia, which imported the policies that were being applied abroad (again), and they will do their best to win the next one --the one where they need to be put back to their place (of "a good cop does not enforce the law, s/he serves the people").

Looking at the current political atmosphere, where no real choice exists and politics is but money laundering, they will most probably succeed in winning that war too (again[1]).

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[1] Just a reference to the Black Rights Movement in 1960s and the society's failure to change the institution (the police) successfully consequently, specifically during the 1970s.

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