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.
Does overt verbal criticism, insults, or name-calling justify officers taking corrective or enforcement action?
No, recording and such behavior, even if annoying, should not prompt officers to take corrective or enforcement action as it is considered an infringement.
According to the policy, what right do members of the public have when recording officers in public places?
Members of the public have an unambiguous First Amendment right to record officers in public places.
What kind of recording devices are mentioned as being capable of recording police activities?
Recording devices mentioned include cameras, cell phones, PDAs, tablets, and audio recorders.
What actions are defined as enforcement actions in the context of the policy?
Enforcement actions include arrest, detention, seizure of recording equipment, and coercive conduct aimed at ending recording.
In what locations do individuals have the First Amendment right to record things in plain sight or hearing, according to the policy?
Individuals have the right to record in public spaces or locations where they have legal right to be present.
What is the department’s policy regarding members of the public and media recording police activities?
The department’s policy allows public and media recording as long as it doesn’t interfere with officers’ duties or safety.
Under what circumstances should officers assume they are being recorded, according to the policy?
Officers should assume they are being recorded at all times when on duty in a public space.
When should a supervisor respond to the scene of an incident involving law enforcement activity recordings?
When an officer is considering enforcement action or seizure of recording equipment without consent.
Under what circumstances should a supervisor authorize seeking a warrant to examine recordings?
When the seriousness of the crime and exigency support immediate seizure of recording devices.
What type of recordings can be viewed or downloaded based on the signed search warrant?
Only recordings authorized and described within the signed search warrant.
