600-21 Public Recording of Police Activity Flashcards
Common Areas of Public & Private Facilities.
Property that is open or accessible to the public for a particular purpose (e.g. areas intended for public use at a shopping mall, office building, hospital, parking lot).
Interference with Public Duties.
A law prohibiting the interruption, disruption, or interference with a peace officer performing a duty or exercising authority imposed or granted by law as provided in section 38.15 of the Texas Penal Code.
Public Setting.
Any place to which the public has a legal right to access and includes, but is not limited to, parks, sidewalks, streets, locations of public protest, and any other public facility. This also includes common areas of public and private facilities.
RECORDING IN GENERAL
Officers are reminded that recording of places, buildings, structures and events are common and normally lawful activities. If a person is recording from a place where he or she has a legal right to be, officers are reminded that this activity by itself does not constitute suspicious conduct.
Additionally, persons in private locations where they have a legal right to be present such as their home or place of business have a First Amendment right to record police activity. However, the fact that a person has a recording device or is recording does not entitle the person to do any of the following:
a. Cross a _____
b. Enter an area that is _____
c. Enter any area designated as a _____
d. _____
e. _____ (See section 4, Limitations)
Officers shall understand that if a person moves to a public sidewalk, then trespassing does not apply.
a. Cross a police line
b. Enter an area that is closed to the public
c. Enter any area designated as a crime scene
d. Trespass
e. Interfere with public duties (See section 4, Limitations)
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
The recording of critical infrastructures or secure locations such as water treatment plants, chemical manufacturing facilities, government buildings or police and military facilities may raise security and terrorism concerns; however, an officer must have reasonable suspicion to believe the person may be _____ before the officer may detain the person or have probable cause to believe that_____
1) committing or is about to commit a criminal offense
2) a crime was committed to arrest the suspect.
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
Officers must be able to articulate the reason the person’s behavior amounts to reasonable suspicion that the person is _____. For purposes of reasonable suspicion, it is appropriate for officers to take into account the _____of the suspicious conduct and the _____ being investigated; what is not suspicious in one location may be highly suspicious in another.
1) committing a crime or is about to commit a crime
2) location
3) degree of the potential danger
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
There is nothing that prevents an officer from engaging in a _____ with any person. When officers enter into a consensual encounter, officers must understand that the person may refuse to talk or walk away. Officers must be able to recognize and articulate how a consensual conversation or casual interaction may _____. For documentation within an incident report, officers should gather as much consensual information as the person will provide and detail all observations about the person(s) and scene descriptors, including _____.
1) consensual conversation
2) turn into a lawful detention
3) observable vehicular information
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
Police Facility or other Public Facility
While recording alone is not prohibited, a person engaged in recording is not entitled to trespass or violate other laws. While the public may be permitted to enter a premises or building for a particular purpose, this right is _____. For example, the waiting area of a police station is open to the public to conduct business, but if the person creates a disturbance, the person’s behavior creates a concern for safety, or the person is otherwise not conducting any business for which the facility is used, the person may be asked to leave. A person with _____ must provide oral or written communication that the person trespassing must leave the premises.
1) not absolute
2) apparent authority to act for the owner
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
Police Facility or other Public Facility
Where the involved property is maintained by the Houston Police Department, the _____, or the on-duty Night Command supervisor will determine if the person has permission to remain on the property. A person may be asked to leave a police facility if _____
1) commander over the division which occupies or is in charge of the property, facility or area
2) the person is not conducting any business at the police facility.
RECORDING CRITICAL INFRASTRUCTURES INCLUDING POLICE FACILITIES
Police Facility or other Public Facility
If the person refuses to leave the facility, officers may detain the suspect while further investigating the incident and determining if any charges will be filed. Any detention must be limited in duration to that which is _____. Officers must be able to _____ why the person’s behavior or actions required them to detain the person.
1) reasonably necessary to investigate the incident
2) articulate reasonable suspicion
PROCEDURES TO BE FOLLOWED BY OFFICERS
As long as the recording of police activity takes place in a setting where the individual has a legal right to be present and does not interfere with an officer’s safety or lawful duties, officer’s shall not do any of the following:
a. _____ person recording.
b. Inform or instruct the person that recording is not allowed, requires a permit, or _____
c. Order that person ____
d. Demand that person’s ____.
e. Demand the person _____
f. Intentionally _____recording devices.
g. _____ the person from recording.
Regardless of the situation, officers shall not erase or delete, or instruct or require a person to erase or delete any media.
Nothing in this policy prohibits officers from questioning or detaining individuals they reasonably suspect have committed, are committing, or are about to commit any crime.
a. Detain the person recording.
b. Inform or instruct the person that recording is not allowed, requires a permit, or requires the officer’s consent.
c. Order that person to cease recording.
d. Demand that person’s identification.
e. Demand the person state a reason why he or she is recording.
f. Intentionally block or obstruct recording devices.
g. Threaten, intimidate, or otherwise discourage the person from recording.
LIMITATIONS
Interference with Public Duties
Officers are reminded that pursuant to Texas Penal Code section 38.15(a)(1 ), “a person commits an offense if the person with _____ interrupts, disrupts, impedes, or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law.”
However, a person’s recording of police activity from a safe distance, and absent any attendant action that obstructs the activity or threatens the safety of the officers, does not _____
1) criminal negligence
2) constitute interference.
LIMITATIONS
Interference with Public Duties
A person has the right to express criticism of the police activity being observed. Officers are reminded that a person’s expression does not constitute interference as long as such expression does not do either of the following:
a. Jeopardize the _____.
b. Incite others to _____
If a person is recording police activity from a position that interferes with the safety of officers or their ability to perform their duties, if reasonable to do so, an officer may direct the person to move to a position that will not interfere. However, an officer shall not_____
1) safety of any officer, suspect or bystander
2) violate the law.
3) order the person to stop recording.
LIMITATIONS
Obstructing Highway or Other Passageway
If a person is recording police activity from a position that obstructs a highway or other passageway (e.g.; street, sidewalk) by rendering it impassable or unreasonably inconvenient or hazardous, the officer shall _____. For example, depending on the circumstances, directing a person that is recording to move out of the street and onto a sidewalk for their safety may be reasonable. However, officers shall not _____
1) direct the person to move to a safe position before making an arrest
2) order the person to stop recording.
EVIDENCE ON A RECORDING DEVICE AND/OR MEDIA
Requesting Consent
If there is a question of whether a recording device and/or media contain evidence, the officer may request consent from the person to allow the officer to listen to or view the recording on their device and/or media.
If an officer has probable cause to believe that a recording device or media contains evidence, the officer may request consent from the person to either:
a. Relinquish the recording device and/or media to the officer to be _____
b. Transmit the images or sound via _____ or upload the images or sound onto a government device when possible and practicable and in the presence of the officer.
1) tagged in the Property Division.
2) electronic mail to the officer’s official government electronic mail account
