Man Faces 75 Years In Prison For Filming Police

[Bunty]

[Thunder]

Do not worry. If the state fails to free the man and compensate him generously, the potential is there for him to be pardoned by the President. However, our current President is Obama, so...lets just pray/hope for a miracle.

[Bunty]

In a different case a judge ruled that in a public place you CAN videotape and audiotape since there is no expectation of privacy.

[MustangGT]

Different Federal Circuit.

[RadicalModerate]

How does that whole "Equal Protection of the Law" legal principle fit into all this?
(Regardless of Federal Circuit).

[BBatesokc]

These stories - though troubling - are nothing new. A handful of states interpret wiretapping laws as applying in these situations (capturing audio in most cases) while a couple of states actually specifically prohibit videotaping law enforcement. I'm not aware of anyone actually being convicted of these charges. The dozen or so cases I have followed in the past all ended with the charges being dropped or no charges filed after arrest.

Regardless, police and prosecutors know full well by simply arresting the person they are punishing them.

many of these case are covered here..... http://www.pixiq.com/contributors/carlosmiller

[MustangGT]

How does that whole "Equal Protection of the Law" legal principle fit into all this?
(Regardless of Federal Circuit).

You would think it would but reality is another matter. Each Federal Circuit is like a fiefdom unto itself and answerable only to the SCOTUS. Many times SCOTUS will not take a case until it is "sufficiently ripe", meaning several Federal Circuits have ruled and the rulings are all in conflict with each other. And that can and has taken years and years in other situations.

[oneforone]

Many police officers have started using pocket spy cams that attach to their belts or slide into a shirt pocket. If I were a cop, I would use one and have it switched on from the time I contacted someone until the time I released the person. Video never lies and it can catch something the other person with the camera conveniently edited out. Not to mention knowing the camera is recording will keep you focused and keep your temper in check.

[BBatesokc]

Problem is that cuts both ways. Cops don't want to wear cameras for the same reason doctors don't want procedures videotaped - so if they do something wrong there is no proof. Every complaint I've had against an officer was only found in my favor because I had it on tape. In each case the officer in question gave a version of events different than the tape proved.

Some police in the UK do wear over the ear video cameras and they say it has greatly reduced citizen complaints against officers and provided evidence in disorderly conduct cases etc.

I personally think they should all wear cameras. I also think dashcams should be equipped on all cars. Like a backup camera but in the rearview mirror. My dashcam twice kept me out of a ticket.

[MustangGT]

Most officers I know do not mind the cameras as long as the video is ONLY used if a valid complaint is filed within a reasonable period of time say 180 days. After that the media is erased. If the video is used for ANY OTHER PURPOSE the vast majority say no way. Sadly the administration in most departments is pretty closed minded and looks only to villify officers and to push all liability off the cities and onto the officers. Like routinely using in car GPS to punish officers for speeding violations when no citizen complaint has been received.

I am aware of many officers that have their own personally owned wearable and in car mounted video cameras.

[BBatesokc]

Two officers that complaints were found in my favor had to do with them threatening me for taping them or other officers (one threat came from a supervisor). Funny thing is, on two occasions my tapes were requested because they proved an officer had not done what a citizen claimed that had done. One involved a sexual type assault - claimed he pulled her top down when the tape clearly showed she lost her tube top while fleeing from the officer.

[MustangGT]

Brian officers are generaly not so much worried about the taping itself but the nefarious ways in which a less than honarable command could twist what is seen into charges against the officer. In way to many depts around the state and country officers are more afraid of out of control administrations and upper command than citizen complaints.

When video is present the officers are cleared in far more cases than they are seen in the wrong. As to using them for DUI stops when they are routinely used the DUI schisters have really nowhere to go and have to belly up and plead their clients.

[kevinpate]

... Like routinely using in car GPS to punish officers for speeding violations when no citizen complaint has been received. ...

Not to be too quibbly, but what is the difference in the admin checking on officers via the GPS and officers checking on John and Jane Public using radar? Both situations simply use available technology to enforce the posted speed limit

Does an officer wanting to get home, snack, date, whatever non-emergency setting exists just a wee bit faster than the norm somehow more become special and immune from review than when joe the plumber desires the same and rolls into radar range?

[MustangGT]

Not to be too quibbly, but what is the difference in the admin checking on officers via the GPS and officers checking on John and Jane Public using radar? Both situations simply use available technology to enforce the posted speed limit

Does an officer wanting to get home, snack, date, whatever non-emergency setting exists just a wee bit faster than the norm somehow more become special and immune from review than when joe the plumber desires the same and rolls into radar range?

Big difference. In the former they check days/weeks/months later. With radar checks it is immediate and the results are known quickly. But to go back 90 days? The issue I have is that the departments I am aware of discipline officers at 2 mph over the limit and most officers give at least 5...10...15 mph before they issue a citation. If the officers give 10-15 mph leeway they deserve at least as much consideration from their depts.

[kevinpate]

Big difference. In the former they check days/weeks/months later. With radar checks it is immediate and the results are known quickly. But to go back 90 days? The issue I have is that the departments I am aware of discipline officers at 2 mph over the limit and most officers give at least 5...10...15 mph before they issue a citation. If the officers give 10-15 mph leeway they deserve at least as much consideration from their depts.

Well, I don't have a dawg in the fight, but some would opine those who enforce the limits ought to set the example. Also, I'm assuming, perhaps incorrectly, perhaps not, that officers know the possibility exists and thus have reason to set the example beyond just doing so, i.e., keeping dings out of their jackets.

John and Jane don't always know when they are coming into radar range, but most would definitely adjust speed if they had a head's up.

As to 5-15 leeway, I don't know where you live or work, but I'm fairly certain we are not in the same community for anything beyond 5, and I've seen enough locally through folks I know to realize even 5 is not even remotely a sure thing.

I would agree that anyone, officer or no, ought not be dinged at 1-5 over. I'm not a fan of zero tol. type rules for anyone. Except in school zones. I am a big fan of slap folk silly for speeding at school zones. If someone canna slow down for a school zone, bite me, bite the horse head in their bed they oughta have to wake up with, and then they oughta get hit by a big danged stick ... several times for each mile over the zone limit.

[MustangGT]

In the OKC area the city guys generally gives 5mph leeway on city streets, 10mph on major boulevards and thruways, and 15-20 on highways. The Hefner Race way is so flakey to work I have seen tolerances greater than that. I agree on the school zones. Hang'Em High.

I have been stoped in the highway as high as 25 over and not gotten a hardcopy.