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Good Reason article on: Recording police = wiretapping in many jurisdictions

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  • D.R.E.
    Senior Member
    • Jan 2008
    • 891

    Good Reason article on: Recording police = wiretapping in many jurisdictions

    Not strictly 2a, but since many 2a advocates reach for cameras and many 2a cases really need video to be successfully fought, worth reading:

    It has never been easier-or more dangerous-to record the police.


    Record police = felony charge in many places. Even if the charge gets dismissed, it's not a free ride. And many people plead out.


    This problem doesn't seem to be on the radar in most legislatures, unfortunately.

    One easy, actionable piece of advice is to not move to Illinois.
    http://coltpython.blogspot.com/
  • #2
    jtmkinsd
    Senior Member
    • Mar 2010
    • 2352

    WOW...what a great read!!

    This is the kind of crap that really ends up hurting the honest LEO:

    In the College Park case, a campus police surveillance camera was pointed at the area where Jack McKenna was beaten. But there’s no security video of the incident. Campus police say the camera coincidentally malfunctioned at the time of the beating. A local news station reported that the officer in charge of the campus surveillance video system is married to one of the officers later disciplined for McKenna’s beating.

    and this:

    In 2007 Andrea McCarren, an investigative reporter for the D.C. TV station WJLA, was pulled over by seven Prince George’s County police cars as she and a cameraman followed a county official in pursuit of a story about misuse of public funds. In a subsequent lawsuit, McCarren claimed police roughed her up during the stop, causing a dislocated shoulder and torn rotator cuff. McCarren won a settlement, but she was never able to obtain video of the incident. Prince George’s County officials say all seven dashboard cameras in the police cruisers coincidentally malfunctioned.

    Really makes my blood boil
    Originally posted by orangeglo
    Welcome to failtown, population = you.

    Comment

    • #3
      voiceofreason
      Veteran Member
      • Oct 2010
      • 3785

      Public officials doing their duty should not have anything to hide. There is no expectation of privacy in public for civilians. Why would public officials be exempt from this?

      If anything, they should be held to a higher standard, not lower.
      "You will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it."
      John Quincy Adams

      "You will never know how little my generation has traded away our freedoms and rights for. I'm sorry and ashamed for what we've left to the following generations."
      voiceofreason

      Comment

      • #4
        voiceofreason
        Veteran Member
        • Oct 2010
        • 3785

        Public officials doing their duty should not have anything to hide. There is no expectation of privacy in public for civilians. Why would public officials be exempt from this?

        If anything, they should be held to a higher standard, not lower.
        "You will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it."
        John Quincy Adams

        "You will never know how little my generation has traded away our freedoms and rights for. I'm sorry and ashamed for what we've left to the following generations."
        voiceofreason

        Comment

        • #5
          Stonewalker
          Veteran Member
          • Jun 2010
          • 2780

          Everybody who cares about the Bill of Rights here and loves Calguns needs to head on over to The Electronic Frontier Foundation and get educated. They are to the 4th amendment what CGF is to the 2nd. They are fighting this kind of stuff.
          member: Electronic Frontier Foundation, NRA, CGF

          Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee

          Comment

          • #6
            Coded-Dude
            Calguns Addict
            • Dec 2010
            • 6705

            So in Illinois, are dash cams allowed in LE vehicles? How can public officers violate a private citizens "right to privacy" but are protected from the same violation? Seems like a double standard.

            "We record you for our protection, but you are not allowed the same protection because we are the law!"
            x2

            Originally posted by Deadbolt
            watching this state and country operate is like watching a water park burn down. doesn't make sense.
            Originally posted by Obama
            Team 6 showed up in choppers, it was so cash. Lit his house with red dots like it had a rash. Navy SEALs dashed inside his house, left their heads spinning...then flew off in the night screaming "Duh, WINNING!"

            Comment

            • #7
              D.R.E.
              Senior Member
              • Jan 2008
              • 891

              Originally posted by Coded-Dude
              So in Illinois, are dash cams allowed in LE vehicles? How can public officers violate a private citizens "right to privacy" but are protected from the same violation? Seems like a double standard.

              "We record you for our protection, but you are not allowed the same protection because we are the law!"
              I'm not a fan of double standards, but in this case the consistent problem w/ dash cameras in IL (and pretty much everywhere else) is not that they record, but that they develop "glitches" when subpoenaed.

              I'd much prefer there was a huge bank of recording devices for each LE encounter rather than there merely being the LE's written account of how things happened. That one thing would clear up a huge amount of misconduct.
              http://coltpython.blogspot.com/

              Comment

              • #8
                Wherryj
                I need a LIFE!!
                • Mar 2010
                • 11085

                Originally posted by jtmkinsd
                WOW...what a great read!!

                This is the kind of crap that really ends up hurting the honest LEO:

                Campus police say the camera coincidentally malfunctioned at the time of the beating. A local news station reported that .

                and this:

                .

                Really makes my blood boil
                Check out the thread about the SLO SD video. There was a poster from San Luis Obispo that was aware of a similar case that was won for a man who claimed that officers beat him up. If I remember correctly the seven recorders at the scene and a recorder during an interrogation all coincidentally malfunctioned.

                Here is a site that details a few other cases. http://reason.com/blog/2010/08/12/wh...eos-go-missing

                I really don't see why it is illegal for a citizen to record an officer or "Official". Are these people really of a class that is more important? Sure there can be editing of civilian videos, but the same is obviously happening with police video. It is just one more piece of evidence to be considered and potentially no more or less valid than the "official" video.

                This is a major issue that needs to be examined. Just WHY are officers and "officials" allowed to videotape while it is a felony for anyone else? Are these people really considered elite or privileged while the rest of us are just peons?

                If not, just why is it allowed for one side only to record? It makes little sense, although that isn't exactly unusual when it comes to laws.
                "What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?"
                -Antonin Scalia, Supreme Court Justice
                "Know guns, know peace, know safety. No guns, no peace, no safety.
                I like my guns like the left likes their voters-"undocumented".

                Comment

                • #9
                  The Shadow
                  Veteran Member
                  • Mar 2010
                  • 3213

                  I think the bottom line with police who want to make recording them illegal, is purely criminal intent. In other words, just like other laws they refuse to obey according to the article, police will ignore laws when it suits them. This Casilly character falls into that category. The fact that private citizens feel the need to record an encounter with police should be a wake up call to police that the public doesn't entirely trust you. That's a sad state of affairs when the public has to guard themselves from those that the public pays to protect them from the criminals. Fortunately, for those of us who live in California, the boundaries are well defined and the private citizens right to record a public encounter is iron clad. One of the few good things left in California.
                  sigpic Speaking about the destruction of the United States. "I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we ourselves must be its author and finisher. As a nation of free men, we must live through all times, or die by suicide. Abraham Lincoln Speech at Edwardsville, IL, September 11, 1858

                  Godwin's law

                  Comment

                  • #10
                    BobB35
                    Senior Member
                    • Nov 2008
                    • 782

                    Originally posted by jtmkinsd
                    WOW...what a great read!!

                    This is the kind of crap that really ends up hurting the honest LEO:

                    Campus police say the camera coincidentally malfunctioned at the time of the beating. A local news station reported that .

                    and this:

                    .

                    Really makes my blood boil
                    Shhh....this didn't really happen...all LEOs are upstanding paladins that will fight for the constitution to the death, even when told to do otherwise by unscrupulous politicians. This stuff is more the norm than people realize.

                    Comment

                    • #11
                      Kukuforguns
                      Senior Member
                      • Sep 2010
                      • 659

                      Illinois police cars do have dashboard cameras that record video. All of my research indicates that in Illinois the cameras do not record audio, which is why the dashboard cameras do not violate Illinois law.
                      WTB: Magazines for S&W M&P 9c

                      Comment

                      • #12
                        GrayWolf09
                        Senior Member
                        • Oct 2008
                        • 1619

                        Thank God for the ACLU!

                        http://i1127.photobucket.com/albums/...lf09/18829.jpg http://i1127.photobucket.com/albums/...lf09/index.jpg

                        Those who are afraid of the truth always seek to suppress it!

                        Comment

                        • #13
                          Uriah02
                          Veteran Member
                          • Sep 2009
                          • 3149

                          Awesome read! I wish some of the examples included events in CA as they mentioned CA has had such situations occur.
                          sigpic
                          OIF 07-09 Veteran
                          NRA Endowment Member, CRPA Life Member

                          Comment

                          • #14
                            nicki
                            Veteran Member
                            • Mar 2008
                            • 4208

                            police state.

                            Look at the source, Illonis.

                            I wonder who pushed the original legislation. Seems that in the 1960s the Black Panthers were recording police civil rights violations.

                            It was when the police started attacking the people recording police abuse, that they started carrying guns which lead to the Mulford act.

                            Many Open Carry people do carry recording devices to record any violations of their rights.

                            Nicki

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