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 Post subject: Are Cameras the new Guns?
PostPosted: Thu Jun 03, 2010 2:53 pm 
Godzilla
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This strikes me as a serious breach of the first amendment, and nothing but way for cops to cover their own asses when they screw up.

http://gizmodo.com/5553765/are-cameras-the-new-guns

Quote:
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.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, "[T]he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want." Legal scholar and professor Jonathan Turley agrees, "The police are basing this claim on a ridiculous reading of the two-party consent surveillance law - requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense."

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler's license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.
(more at link)

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Thu Jun 03, 2010 3:54 pm 
Donewaiting.com Staff
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so in those two-party consent states, you could never have something like, say... the Conklin Dairy expose?

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Thu Jun 03, 2010 4:03 pm 
Godzilla
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groundrules wrote:
so in those two-party consent states, you could never have something like, say... the Conklin Dairy expose?

good point. Another nail in the coffin for potential whistle-blowers. We can't upset corporate-military-police America now can we? Speaking of which, see the SCOTUS ruling on the Miranda Rights, that you basically need to speak up if you choose to remain silent?

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Thu Jun 03, 2010 4:16 pm 
Donewaiting.com Staff
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unpossibles wrote:
the SCOTUS ruling on the Miranda Rights, that you basically need to speak up if you choose to remain silent?


yeah, that's fucked. being silent is no right to be silent. duH!!!

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Wed Jun 16, 2010 10:56 pm 
Godzilla
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Apparently Congressmen don't like them either.



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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Tue Jun 22, 2010 7:21 am 
Godzilla
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http://reason.com/archives/2010/06/21/a ... rrested-fo
http://www.somdnews.com/stories/0616201 ... 2195.shtml

Quote:
On Saturday, Yvonne Nicole Shaw, 27, was arrested by sheriff's deputies in Lexington Park, Maryland. According to the Southern Maryland News, Shaw was cuffed and booked for recording deputies who had come to an apartment complex in response to a noise complaint. Sheriff's Cpl. Patrick Handy's report explained that Shaw was standing about 12 feet from him, and that Shaw "did admit to recording our encounter on her cell phone for the purpose of trying to show the police are harassing people."


Quote:
David Rocah, who is handling Anthony Graber's case for the Maryland ACLU elaborates: "To charge Graber with violating the law, you would have to conclude that a police officer on a public road, wearing a badge and a uniform, performing his official duty, pulling someone over, somehow has a right to privacy when it comes to the conversation he has with the motorist."


Quote:
In yet another video taken at the Preakness Stakes and posted to YouTube last May, a Maryland state trooper tells a video operator recording an arrest, "Do me a favor and turn that off. It's illegal to record anybody's voice or anything else in the state of Maryland."


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Wed Jun 23, 2010 9:44 am 
Godzilla
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What to Do When Police Tell You to Stop Taking Photos, Video
http://www.poynter.org/column.asp?id=2&aid=184955


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Wed Jun 23, 2010 10:15 am 
Donewaiting.com Staff
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Jawbreaker wrote:
What to Do When Police Tell You to Stop Taking Photos, Video
http://www.poynter.org/column.asp?id=2&aid=184955


I was hoping the lawyers in that article would provide some actual ammunition for the 'citizen journalist', but their opinion seems kinda toothless, like basically 'stay out of the way and roll over'. damn.

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Fri Jun 25, 2010 10:33 am 
Godzilla
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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Sun Jul 04, 2010 9:32 am 
Godzilla
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http://stretchphotography.com/blog/2010 ... rom-metro/

http://carlosmiller.com/2010/07/01/we-w ... ng-photos/


Those aren't even cops, they're a private security contractor.


Last edited by Jawbreaker on Sat Jul 31, 2010 3:33 pm, edited 2 times in total.

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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Sun Jul 04, 2010 9:33 am 
Godzilla
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groundrules wrote:
Jawbreaker wrote:
What to Do When Police Tell You to Stop Taking Photos, Video
http://www.poynter.org/column.asp?id=2&aid=184955


I was hoping the lawyers in that article would provide some actual ammunition for the 'citizen journalist', but their opinion seems kinda toothless, like basically 'stay out of the way and roll over'. damn.


Unfortunately, that's pretty much standard lawyer advice--survive the encounter first, sue later.


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Sun Jul 04, 2010 9:58 am 
Godzilla
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http://www.nowpublic.com/photography_ba ... g_maryland


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Mon Jul 05, 2010 10:04 am 
Godzilla
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Greenfield, MA PD Arrest & Intimidate Activists For Filming
http://www.copblock.org/444/greenfield/


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Mon Jul 05, 2010 9:08 pm 
Godzilla
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http://reason.com/blog/2010/07/05/more- ... e-watchers

Quote:
Last week I interviewed a law enforcement official for a forthcoming article on recording the police. In arguing that it should be illegal for citizens to record on-duty cops, this official said he couldn't think of a single example where video taken by a citizen bystander showed a police officer to have lied on a police report. There are plenty of such incidents, of course (just browse Carlos Miller's website), but here's one from just this week:

Quote:
A Fort Lauderdale police officer has resigned after an investigation into a potentially unlawful arrest was taped on video camera by the suspect's girlfriend.

Jeff Overcash turned in his badge Tuesday, according to the Broward New Times after giving a statement to the PD's internal affairs detectives.

Overcash probably saw the writing on the wall as the evidence was stacked against him in the arrest of 26-year-old Brennan Hamilton, who may have been a punk, but was far less of a jerk than Overcash in April.

Hamilton had the 'cuffs slapped on him on a night out in downtown Fort Lauderdale after he asked Overcash for his badge number after the two got into a little disagreement.

Hamilton's girlfriend whipped out her cell phone and started shooting video of the incident, which showed a cocky Overcash commentating on the arrest while ushering Hamilton to his patrol car.

Hamilton asks several times why he was being arrested and Overcash could only come up with, "I told you to get lost."

The police report, written by Overcash, charged Hamilton with resisting arrest and disorderly intoxication, although the video never shows the suspect struggling and he doesn't appear to be drunk.


Here's the video:


If this had happened in Illinois, Massachusetts, or Maryland, not only would Overcash still have his job, Hamilton's girlfriend could well be facing felony charges and prison time for shooting the video that ultimately held Overcash accountable.


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Sat Jul 31, 2010 3:33 pm 
Godzilla
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Jawbreaker wrote:



Dude returns with an HDnet crew for documentary, gets attacked.
http://carlosmiller.com/2010/07/29/i-wa ... ing-video/


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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Mon Sep 13, 2010 5:47 pm 
Godzilla
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 Post subject: Re: Are Cameras the new Guns?
PostPosted: Wed Sep 29, 2010 1:14 pm 
Godzilla
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Location: Brooklyn, NY
Image
just thought it was a cool image.

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