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DoJ To Police: The Public Has A Constitutional Right To Record You
AngelHedgie
Registered User regular
Registered User regular
So, the DoJ sent a letter to the Baltimore Police asserting that yes, the public has a clear First Amendment right to film Cops Gone Wild:
http://arstechnica.com/tech-policy/2012/05/justice-dept-defends-publics-constitutional-right-to-record-cops/
Furthermore, they point out that trying to seize the recording without a warrant would breach the Fourth and Fourteenth Amendments. It's good to see the Feds taking a clear stand on this on the public's side.
http://arstechnica.com/tech-policy/2012/05/justice-dept-defends-publics-constitutional-right-to-record-cops/
Furthermore, they point out that trying to seize the recording without a warrant would breach the Fourth and Fourteenth Amendments. It's good to see the Feds taking a clear stand on this on the public's side.
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YES.
the "no true scotch man" fallacy.
Good.
Not only are they reinforcing that there are multiple constitutional rights that cover this (first, fourth, and fourteenth), but they're arguing that police have a duty to positively affirm those rights.
Dear Mr. Holder,
These are the brass balls that I want you to sling all the time.
Sincerely,
Me
the "no true scotch man" fallacy.
If so, suing the shit out of police departments will follow.
Look at the Zimmerman case.
Please, nobody tell them.
Don't hand them your camera when they request it.
the "no true scotch man" fallacy.
I've seen cops here take peoples phones. They don't always take no for an answer and by smashing the recording device they've also destroyed the evidence of wrong doing.
I'm not sure about where you live, but that's incredibly illegal-nay-unconstitutional in the United States.
Sadly that doesn't keep it from happening. I've seen it happen as well.
The problem is proving the cops did it. The legality or constitutionality of something means little when nobody holds the cops accountable. So a cop rips a phone from your hands, smashes it and walks away. You file a complaint and the complaint goes nowhere because the cop just says "No I didn't." And all the people that are supposed to be upholding the law are more concerned with protecting cops from prosecution that actually upholding the law.
This is a great development, but it's not likely to change much.
Doesn't this go against a recent fed ruling that cops don't need a warrant to look through your phone?
EDIT
Wait.
So the same administration that helped orchestra the nationwide crackdown is now chastising the pigs that did the dirty work?
It isn't that simple. There's always evidence. This shows that the DoJ isn't going to be on the cops' side on this kind of thing.
This. It's illegal here too. Try proving it happened though, your word against the upstanding PC Chucklefuck with ten years in the service under his belt.
Enjoy your savage beating, busted property, and jail time. Okay, probably just busted property.
And of course cops are always appropriately punished through the legal system when they break the law.
Oh, wait.
I wonder if it could now be considered legal to record cops here in Chicago (we have 2-party consent wiretapping laws).
http://www.baltimoresun.com/news/maryland/crime/blog/bal-public-can-record-baltimore-police-officers-on-duty-new-rules-say-20120210,0,7621542.story
Cops get away with shooting people dead all the time. You think smashing a few phones is going to get them sent down?
I don't think a video camera should be considered wiretapping.
I also imagine that a federal law would over ride the city law in this case.
If only there were a way to try and fix that... like with new rules from the DoJ or something.
that's why we call it the struggle, you're supposed to sweat
I thought anybody could record shit in public places with a few exceptions?
That refers to phone calls. By continuing the phone call, they imply consent.
If you're outside in public, you have no expectation of privacy.
The laws get a little bit more complicated if you're on private property open to the public - like a bar, or a supermarket - or if you're in your home but visible to the public.
the "no true scotch man" fallacy.
Yes, and this won't stop a cop who wants bends you over and rape you anally with his nightstick, either.
That doesn't meant that this DOJ statement isn't a Very Good Thing(tm).
the "no true scotch man" fallacy.
That's actually mentioned in the ArsTech article. the DOJ said that the Baltimore rules don't go far enough in protecting citizens.
the "no true scotch man" fallacy.