Recording police activity Flashcards
What should arrests of individuals recording police activities be based on?
Objective, articulable violations of the law, unrelated to recording alone.
Does recording police activities alone establish legal grounds for arrest?
No, recording of the police does not, by itself, justify arrest.
When an officer is considering enforcement action, what should they do before taking significant actions?
Contact their supervisor for direction.
What is required before an officer seizes a recording device?
Supervisor’s presence at the scene and a warrantless search.
In case of an arrest, does it provide an exception to the warrant requirement for searching recording equipment?
No, a search warrant is still required for accessing files.
What is the preferred approach prior to conducting a search or seizure?
Obtaining a court order or warrant.
What applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment?
Exclusionary rule may prevent the government from using it.
What is advised regarding seizures of items protected by the First Amendment?
A heightened reasonableness requirement is emphasized.
Does the seizure of a recording device constitute a seizure under the Fourth Amendment?
Yes, it constitutes a seizure under the Fourth Amendment.
When can officers seize a recording device without a warrant?
When exigent circumstances with probable cause exist.
What is required before officers can view photos, videos, or recordings on a seized device?
Obtaining a search warrant, except in exigent circumstances.
Should officers seek the consensual cooperation of individuals before a lawful seizure?
Yes, they should attempt to seek consensual cooperation.
What should an officer do if there is probable cause to believe evidence of a serious crime has been recorded?
Request assistance from a supervisor.
How should consent to temporarily relinquish a recording device be obtained according to the guidelines?
Voluntarily and without coercion.
How should consent be documented in the process of relinquishing a recording device?
By completing a Consent to Search form or using approved department methods.
What can the owner choose to give instead of full consent to view all recordings?
Qualified consent for specific files or images.
In exigent circumstances, what action may be taken if immediate viewing of recordings is necessary to prevent harm?
Seize and view the recording device or media.
What must be done if a recording device or media is seized without a warrant?
Return the seized item at the earliest possible time.
How long can the police maintain custody of a recording device after seizure?
Only as long as necessary for the Computer Forensic Unit to extract necessary recordings.
Can police order the destruction of audio and video recordings obtained through a bona fide exception to the warrant requirement?
No, without exception.
Where can a person legally record law enforcement activities without it being an offense?
Public locations like parks, sidewalks, streets, public buildings, lawful protest areas, an individual’s home or business, and other places of legal presence.
What actions should department employees avoid when dealing with individuals recording police activities?
Not demanding identification, not using intimidation to stop recordings, not obstructing recording, not discouraging recording, not tampering with recordings, not destroying recording devices.
What are some examples of reasonable time, place, or manner restrictions when recording police activities?
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.
How should the safety of officers, victims, witnesses, and third parties be ensured during recordings?
By protecting privacy, shielding victims, interviewing witnesses in private areas, not jeopardizing safety, and ensuring recordings do not impede emergency activities or traffic flow.
