Recording police activity

Question 1

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

Answer 1

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

Question 2

Does recording police activities alone establish legal grounds for arrest?

Answer 2

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

Question 3

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

Answer 3

Contact their supervisor for direction.

Question 4

What is required before an officer seizes a recording device?

Answer 4

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

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Obtaining a court order or warrant.

Question 7

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

Answer 7

Exclusionary rule may prevent the government from using it.

Question 8

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

Answer 8

A heightened reasonableness requirement is emphasized.

Question 9

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

Answer 9

Yes, it constitutes a seizure under the Fourth Amendment.

Question 10

When can officers seize a recording device without a warrant?

Answer 10

When exigent circumstances with probable cause exist.

Question 11

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

Answer 11

Obtaining a search warrant, except in exigent circumstances.

Question 12

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

Answer 12

Yes, they should attempt to seek consensual cooperation.

Question 13

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

Answer 13

Request assistance from a supervisor.

Question 14

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

Answer 14

Voluntarily and without coercion.

Question 15

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

Answer 15

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

Question 16

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

Answer 16

Qualified consent for specific files or images.

Question 17

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

Answer 17

Seize and view the recording device or media.

Question 18

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

Answer 18

Return the seized item at the earliest possible time.

Question 19

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

Answer 19

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

Question 20

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

Answer 20

No, without exception.

Question 21

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

Answer 21

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

Question 22

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

Answer 22

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

Question 23

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

Answer 23

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.

Question 24

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

Answer 24

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

Question 25

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

Answer 25

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

Question 26

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

Answer 26

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

Question 27

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

Answer 27

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

Question 28

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

Answer 28

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

Question 29

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

Answer 29

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

Question 30

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

Answer 30

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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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

Question 33

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

Answer 33

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

Question 34

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

Answer 34

Only recordings authorized and described within the signed search warrant.