Filming Police – Know Your Rights

Cell phone user filming police

Hot Media by Coco Curranski, Flickr Creative Commons

Uber Driver Told to Stop Filming Police

An attorney moonlighting as an Uber driver began filming police during a traffic stop in North Carolina, according to a recent article in the Washington Post by Peter Holley.  Filming police is becoming a common practice nowadays to document interactions with law enforcement.

One of the officers ordered Jesse Bright to turn off his camera.  He refused and cited his right to film police. The officer threatened to bring the attorney to jail, falsely informing him that a new law was recently passed preventing citizens from filming law enforcement.  The officer then initiated a search of his vehicle to which the attorney did not consent.  Bright and his passenger were eventually let go without further incident, after finding nothing incriminating.

Filming Police is Your Legal Right

The attorney released the video to the public as reinforcement that it is well within your rights to film police officers. The Wilmington Police Chief said that an internal investigation has been launched, adding  “… we believe that public videos help to protect the police as well as our citizens and provide critical information during police and citizen interaction.”

View the video and read the full article at the Washington Post.

PostTV spoke with the International Union of Police Association and the National Press Photographers Association regarding civilian rights and filming of law enforcement. According to them:

• You have the right to record and photograph police unless you’re physically interfering with them performing their duties.
• You must be on public property, your own property, or if you’re on private property, you must have permission from the owner.
• Police can tell you to step back, but they cannot tell you to stop recording. They cannot order you to leave the area if other members of the public (without cameras) are allowed to stay.
• If you’re going to record police, do it in an open and obvious manner.
• Under the First Amendment, there are no circumstances under which the contents of a camera or recording device should be deleted or destroyed.

 

Fortunately for the attorney, he knew the laws and his rights, but some citizens may not be so knowledgeable – especially when a trusted officer of the law deceives them. That’s why it’s important to know your rights.

Consult With an Attorney

If you believe your rights have been violated by the police, the NH Lawyer Referral Service can assist you with a referral to a licensed and insured attorney who practices civil rights law.   Call 603-229-0002 or request a referral online.

Top photo by Coco Curranski, Flickr Creative Commons

Is a Drug Dog’s Sniff a Warrantless Search?

The United States Supreme Court agreed to hear a Florida case challenging the constitutionality of using a drug-sniffing dog in a warrantless search outside a home suspected of being a marijuana grow house.

As reported in the Huffington Post:

“The case, Florida v. Jardines, comes up from the state Supreme Court, which ruled that Franky the narcotics dog’s outside odor detection was “a substantial government intrusion into the sanctity of the home and constitutes a ‘search’ within the meaning of the Fourth Amendment.” Florida’s high court pointed to a 2001 U.S. Supreme Court opinion, written by Justice Antonin Scalia, that found police use of a thermo-imaging device to detect tell-tale heat emanating from a suspected grow house violated the Fourth Amendment’s ban on unreasonable searches.”

Click to read the entire article .

If you believe your constitutional rights have been violated, the Lawyer Referral Service of the NH Bar Association can refer you to competent attorneys who have experience handling constitutional law issues.  Call 603-229-0002 for a referral or submit the online request form.