I was recently asked in an email if I worry about video tapping the police and the answer is no, and here is what I wrote:
No I do not fear or worry about video tapping the police because it is my right to do so and I am protected by several precedent cases, as well has my first Amendment right! The only time it would be an issue is if I was causing the police to not be able to do their jobs, and I was not following their commands. Which I address later in the email. No, but the police cannot demand privacy on the job, when they hold a public station. Several Courts have ruled on the matter including the Supreme Court of Michigan in a landmark 6-1 vote stating videotaping the police while in the act of doing their duty is not illegal. Read more if you wish to justify my point.
I have a right to video tape police as long as I do not impede their actions, I do not cross or go outside the boundaries they set forth for example, they say stay behind the yellow line, and I must follow this. There are two points that would be weighty in any claim a police officer might have and they must first overcome, The first and fourth amendment rights, both of which do provide certain protection.
First the First Amendment right gives me the right to freedom of the press, because I express to all officers that I am a freelance Journalist and I have a degree In paralegal studies, while the two do not seem to be cohesive, if you look at the court requirements of what a Journalist would be considered, I would meet the requirements. Here is an example of a case that may offer me some protection under the case law as well as my civil liberties or excercisment of my First Amendment right:
In Lovell v. City of Griffin, 303 U.S. 444 (1938), Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion."[85] Freedom of the press, like freedom of speech, is subject to restrictions on bases such as defamation law.
Now based upon the Lovell v. City of Griffin as long as I do not disobey or follow a lawful order by a peace officer then there is nothing that says I am doing anything wrong. In fact I am well within my right to video tape, record, and post any of the two.
More importantly in a Recent Precedent setting case the Michigan Supreme court had the following to say about video tapping police officer in the course of their duties:
In a 6-1 decision the Michigan supreme court has dismissed a lawsuit alleging that police officers have a right to privacy while on the job. The suit was filed by a former police officer who was included in a DVD documenting a Dr. Dre concert when him and other officers tried to shut the concert down. The supreme court ruled that while on the job police officers have no right to privacy and can be video taped freely.
Here are two links were cases can be found from the Michigan Supreme Courts Ruling
http://www.policeone.com/police-technology/software/video-analysis/articles/3443081-Court-sides-with-Dr-Dre-in-police-filming-case/
http://www.leftunderground.com/content/201-Michigan-Supreme-Court-Says-Videotaping-Police-Officers-Legal
One more final note of thought I will leave you with this was taken from PoliceOne.com:
In most cases it is perfectly legal to videotape police, and law enforcement experts say the practice is good for the community.
"I have seen videotapes of police officer saying, `You can't videotape me,'" said David Rocah, a staff attorney with the American Civil Liberties Union of Maryland. "It is absolutely 100 percent crystal-clear that any citizen has the right to videotape a police officer as they go about their business."(Policeone.com, 2008)
Link to the Police One article for above:
http://www.policeone.com/patrol-issues/articles/1660933-Police-are-increasingly-being-filmed-by-citizens/
Finally could my thought on the matter be faulty, yes it may, but here is the question that should be asked, why would the police fear me videotaping them doing their job, and then showcasing it for all the Citizens of the city to see how hard the police department works? Transparency is nothing to be afraid of, and Police whom are not clandestine operatives roaming around in the night like the gestapo, but instead are marked, whom wear uniforms, and are public officials that work for the public and the citizens of the city of Stockton. The only time Police should be fearful is when they are not doing their jobs, then it would be my hope that I would be able to bring about change, so that there could be no obstacle and the police could do what they need and are paid to do. I respect police, but I respect my freedom and my rights far more.
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