Are Cameras the New Guns?

[NormaRegula]

An article sent to me by one of my show co-hosts. Hopefully, we'll be covering this issue during an upcoming episode.

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.

Hah..so maybe Facebook can be used to spread information and make others aware. (That is until the other 47 states make camera-wielding citizens who record police activity into criminals!)

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.

More of the article in link below.


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


*Edited for clarity and shorter link.

 

[antilou]

Oh, really? Next they'll make it illegal to call the police when being robbed. What RUBBISH!!

My question is that if someone in one of these three states DOES catch an officer doing something wrong on camera, is the evidence still admissible in court or is it tossed out because it was obtained "illegally"?

If people on the streets can't keep an eye on the people in uniform then this will develop into regular abuse of power by uniformed officers. Although, I'm sure that it already has, but who needs it getting any worse?

 

[Joe]

So it's the "statutes against obstructing law enforcement" that are being used to outlaw filming a police officer. But the only reason that filming him or her would constitute obstruction of their duty would be if they were planning on doing something that was potentially illegal for a police officer to do. Ergo; it's a tactic admission that law enforcement act illegally (or are planning to)

 

[NormaRegula]

So it's the "statutes against obstructing law enforcement" that are being used to outlaw filming a police officer. But the only reason that filming him or her would constitute obstruction of their duty would be if they were planning on doing something that was potentially illegal for a police officer to do. Ergo; it's a tactic admission that law enforcement act illegally (or are planning to)

Absolutely crazy, isn't it? One would think the idea of using these statues to prevent the public from having video/photographic proof of an officer's misconduct - or worse - is an insane interpretation of the law. And yet here in the "Land of the Free", there are lawmakers in three states who went to great lengths to see this enacted against those who attempt to record the truth. How many states will soon follow?

Ponerology in action is a thing to behold.

 

[dant]

Hmm... so there are webcams everywhere, "filming" the public without their consent...
but wait - it just cannot be an officer... um, great logic! :/

 

[Beau]

It is crazy. That people think this would be a worthy measure to pass is completely insane. Who needs terrorists when our own lawmakers are willing to take away our freedoms?

 

[henry]

Well, we have known for awhile that the lunatics have taken over the asylum.

For years we have been trying to open people's eyes to fascism-through-incremental-changes. But as long as people still have their latest technological gadgets, Facebook, Twitter et all., it ain't gonna change.

 

[SeekinTruth]

As antilou said, what if someone captures police brutality or any other criminal act including murder on camera? Will these states assert that the evidence is inadmissible because it was obtained illegally? I think one way of counteracting this if courts forbid such evidence is for people who have pretty good cameras with long telephoto lenses to capture police wrong doing and not be arrested to spread the footage through email, YouTube, Vimeo, etc. and at least have it "admitted into the court of public opinion." Of course, I wouldn't be surprised if they try to prosecute any who does this for "breaking the law" either.

Crazy and scary times!