Reading the following story, I am confused if it is legal to film LEO’s why is the DA moving forward?
Man Faces Life In Jail For Recording Police
Every other case involving people arrested for filming cops has been thrown out of court, but media promulgates hoax that recording police is illegal
Paul Joseph Watson & Alex Jones
Infowars.com
Wednesday, August 31, 2011
http://www.infowars.com/man-faces-life-in-jail-for-recording-police/
The DA knows it is not illegal and is probably hoping to scare the accused into making a plea and set an example to others: Don’t mess with the government!
The police are public officials operating in view of public. I have heard of cases that it is even legal to film someone in their house if they can be seen from a public space (sidewalk).
The long arm of the law has been replaced with The heavy hand of the State (we are the law!).
I could give a rats ass if someone is taping me while I’m in a public place. I don’t know way so many PD’s are getting themselves jammed up over this.
I wrote my opinion on this matter a little bit back…
http://tgace.wordpress.com/2011/08/14/do-shutterbugs-bug-you/
It is legal to film so long as you’re not interfering with their duties or causing a safety hazard to yourself or others. There was very recently a state court decision affirming this, can’t recall the state just read the article the other day.
I, as a full time LEO and trainer, don’t care if Im recorded, hey its how we live now, everyone has a camera phone, and I have a camera too. I also teach this as some cops are really getting jammed up by over reacting to people recording them, its too bad that some cops out there make such poor choices. In some cases I have even solved cases by people recording incidents. One fight case I worked a person posted in on youtube, it was great for court. In another case, where force was involved, I politely asked a witness who was recording with her phone if she would provide a statement and allow us to view her recording. She was very helpful and made me an HD copy of a good arrest with proper force. So not every recording is bad, its just a culture thing, especially with the young, they just record stuff, its what they do.
If you don’t want to be filmed than you’re doing something you probably shouldn’t.
And no it’s not illegal to film any one in a public place, how do you think those girls gone wild videos are legal?
The women sign waivers. Otherwise they would obscure their faces.
That’s just being careful as to not get sued - or at least try to discourage litigation. If I take my pants down and wave my dingaling around in a public place and some one takes a picture I have zero expectation of privacy. Now I’ve personally broken the law in most state, but that’s beside the point 
Now if I use a telescopic lens to take pictures of some one with out their knowledge in many states I’ve broken the law because there is an expectation of privacy. http://www.ndaa.org/pdf/voyeurism_statutes_mar_09.pdf
ETA: The only times I can recall that public filming can be limited is when it comes to national security. 18 USC 795 http://law.onecle.com/uscode/18/795.html Even than it’s rarely enforced unless it’s suspicious. Look at all the looney’s at groom lake. 
True, my error - nothing criminal if no waiver, just avoiding civil litigation…
Great, more ammo for the “us vs. them” division.
What I wouldn’t give to get the assholes that we didn’t used to tolerate OFF the street and in jail where they belong so cops can go back to dealing primarily with a peaceful community and we could see each other as part of that same community.
Sadly I understand why cops film everyone these days and I’ve seen more than a couple cops who needed to be filmed. Just depressing when I know the way it should be and can remember it fondly.
What an amazing unbiased article. :rolleyes:
I don’t see the problem with recording anyone out in public, LEOs included, but that article is one slanted peice of crap.
Is everything just thinly veiled editorials now?
No, most of the press is blatantly biased and patronizing.
This is being discussed in another thread here. What’s amazing is that this case is almost three years old.
With the “reporter” giving his view on how on earth people can still be arrested for this, given recent court cases…he fails to mention this occurred in 2008. What a dip shit.
The guy’s bond was set at $350. I’m going to go out on a limb and say he won’t be getting 75 years…if even found guilty. Keep in mind there has been case law, since 2008, that would suggest this would (and probably should be) more than likely be dropped.
From the following article, the hearing was scheduled for the 18Aug2011. I am unable to locate any article on the results of the hearing or even if it occurred. Certainly is one long drawn out case.
On January 13th, 2011 Allison filed a civil suit against the City of Robinson for false arrest and imprisonment. A week before his trial was set to kick-off this past May a pro bono lawyer stepped-up and filed a number of motions, including one that challenged the constitutionality of the eavesdropping statute. The jury was sent home and the judge ordered a continuance to allow for Lisa Madigan, Illinois attorney general, to respond. A hearing date is now scheduled for 18 August.
Dave-Huldraarms is correct.
I dont like being video taped by my dept. or anyone for that matter.
Does it come in handy, absolutely. I think i can articulate what occured in my report effectively enough to not need video/audio to back it up.
What i dont trust about civilians videotaping is the ability to manipulate the video. It is also distracting because if their video taping you, you have to wonder if they are associated with the person you are dealing with at that time and if they are a threat.
I have been video taped in the past and i have never gotten in trouble for it because i know it is not illegal. I still would rather not be video taped.
Anyone working in LE should realize that video cameras have been a part of what we do since Rodney King. It’s a fact of life especially since everyone carries a camera disguised as a phone these days.
It’s not illegal as long as it does not hinder the LEO or place anyone at a risk of injury.
If you don’t want to be filmed then find a new line of work.
Alot of us don’t want to be filmed but that doesn’t mean we should find a new line of work. Adapt and over come.
I will never be cool with it but it is part of the job just as much as dealing with stupid people and frivolous complaints.
The last dept I was with didn’t have cameras or audio on us. Only thing with that capability was our taser. The new dept I am about to start with has cameras in the car and officers are mic’d.
It’s something to deal with but it’s not going to stop me from doing what I want. If there is someone who leaves the line of work because of it then they were probably doing something wrong.
I just watched this video: http://www.youtube.com/watch?feature=player_embedded&v=mNlJYSIzjoU#t=49s
The reporter mentions “recording audio of law enforcement without their consent”.
Well, as much as I respect LEO’s… if you put on that uniform and go out in public, you have already given consent. Your duty as a public servant involves working in public. Amazing concept, right? :eek:
kartoffel, i watched the video and that dude should start thinking about what to do with his millions after he sues the fuck out that department. It is ridiculous that they are actually trying to go through with this. haha
Applying it to wire tapping legislation, come one that shit will not fly. I think it is a big stretch and an attempt to maybe craft some legislation in the future about recording officers on duty.
I am certain that video has also saved officers from false accusations. I don’t see how video could not help everyone all around involved with LEOs.
Exactly. My in car video saved my ass with IAD on more than one occasion. Video is not going anywhere. Hell there are departments that have shoulder cams in addition to in car video.
Video has also removed officers from departments that have no business being LE.
I’m with LL. I fail to see the downside of video other than recording the occasional restroom break with your mic still hot.