Recording police activity Flashcards

1
Q

What should arrests of individuals recording police activities be based on?

A

Objective, articulable violations of the law, unrelated to recording alone.

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2
Q

Does recording police activities alone establish legal grounds for arrest?

A

No, recording of the police does not, by itself, justify arrest.

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3
Q

When an officer is considering enforcement action, what should they do before taking significant actions?

A

Contact their supervisor for direction.

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4
Q

What is required before an officer seizes a recording device?

A

Supervisor’s presence at the scene and a warrantless search.

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5
Q

In case of an arrest, does it provide an exception to the warrant requirement for searching recording equipment?

A

No, a search warrant is still required for accessing files.

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6
Q

What is the preferred approach prior to conducting a search or seizure?

A

Obtaining a court order or warrant.

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7
Q

What applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment?

A

Exclusionary rule may prevent the government from using it.

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8
Q

What is advised regarding seizures of items protected by the First Amendment?

A

A heightened reasonableness requirement is emphasized.

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9
Q

Does the seizure of a recording device constitute a seizure under the Fourth Amendment?

A

Yes, it constitutes a seizure under the Fourth Amendment.

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10
Q

When can officers seize a recording device without a warrant?

A

When exigent circumstances with probable cause exist.

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11
Q

What is required before officers can view photos, videos, or recordings on a seized device?

A

Obtaining a search warrant, except in exigent circumstances.

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12
Q

Should officers seek the consensual cooperation of individuals before a lawful seizure?

A

Yes, they should attempt to seek consensual cooperation.

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13
Q

What should an officer do if there is probable cause to believe evidence of a serious crime has been recorded?

A

Request assistance from a supervisor.

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14
Q

How should consent to temporarily relinquish a recording device be obtained according to the guidelines?

A

Voluntarily and without coercion.

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15
Q

How should consent be documented in the process of relinquishing a recording device?

A

By completing a Consent to Search form or using approved department methods.

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16
Q

What can the owner choose to give instead of full consent to view all recordings?

A

Qualified consent for specific files or images.

17
Q

In exigent circumstances, what action may be taken if immediate viewing of recordings is necessary to prevent harm?

A

Seize and view the recording device or media.

18
Q

What must be done if a recording device or media is seized without a warrant?

A

Return the seized item at the earliest possible time.

19
Q

How long can the police maintain custody of a recording device after seizure?

A

Only as long as necessary for the Computer Forensic Unit to extract necessary recordings.

20
Q

Can police order the destruction of audio and video recordings obtained through a bona fide exception to the warrant requirement?

A

No, without exception.

21
Q

Where can a person legally record law enforcement activities without it being an offense?

A

Public locations like parks, sidewalks, streets, public buildings, lawful protest areas, an individual’s home or business, and other places of legal presence.

22
Q

What actions should department employees avoid when dealing with individuals recording police activities?

A

Not demanding identification, not using intimidation to stop recordings, not obstructing recording, not discouraging recording, not tampering with recordings, not destroying recording devices.

23
Q

What are some examples of reasonable time, place, or manner restrictions when recording police activities?

A

Maintaining a reasonable distance, not obstructing police actions, following restrictions set by officers at crime scenes or tactical operations, not impeding emergency services or traffic flow.

24
Q

How should the safety of officers, victims, witnesses, and third parties be ensured during recordings?

A

By protecting privacy, shielding victims, interviewing witnesses in private areas, not jeopardizing safety, and ensuring recordings do not impede emergency activities or traffic flow.

25
Q

Does overt verbal criticism, insults, or name-calling justify officers taking corrective or enforcement action?

A

No, recording and such behavior, even if annoying, should not prompt officers to take corrective or enforcement action as it is considered an infringement.

26
Q

According to the policy, what right do members of the public have when recording officers in public places?

A

Members of the public have an unambiguous First Amendment right to record officers in public places.

27
Q

What kind of recording devices are mentioned as being capable of recording police activities?

A

Recording devices mentioned include cameras, cell phones, PDAs, tablets, and audio recorders.

28
Q

What actions are defined as enforcement actions in the context of the policy?

A

Enforcement actions include arrest, detention, seizure of recording equipment, and coercive conduct aimed at ending recording.

29
Q

In what locations do individuals have the First Amendment right to record things in plain sight or hearing, according to the policy?

A

Individuals have the right to record in public spaces or locations where they have legal right to be present.

30
Q

What is the department’s policy regarding members of the public and media recording police activities?

A

The department’s policy allows public and media recording as long as it doesn’t interfere with officers’ duties or safety.

31
Q

Under what circumstances should officers assume they are being recorded, according to the policy?

A

Officers should assume they are being recorded at all times when on duty in a public space.

32
Q

When should a supervisor respond to the scene of an incident involving law enforcement activity recordings?

A

When an officer is considering enforcement action or seizure of recording equipment without consent.

33
Q

Under what circumstances should a supervisor authorize seeking a warrant to examine recordings?

A

When the seriousness of the crime and exigency support immediate seizure of recording devices.

34
Q

What type of recordings can be viewed or downloaded based on the signed search warrant?

A

Only recordings authorized and described within the signed search warrant.