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posted by CoolHand on Thursday May 07 2015, @11:25AM   Printer-friendly
from the get-back-to-eating-your-donuts dept.

Robinson Meyer writes in The Atlantic that first of all, police shouldn't ask. "As a basic principle, we can't tell you to stop recording," says Delroy Burton, a 21-year veteran of DC's police force. "If you're standing across the street videotaping, and I'm in a public place, carrying out my public functions, [then] I'm subject to recording, and there's nothing legally the police officer can do to stop you from recording." What you don't have a right to do is interfere with an officer's work. ""Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations," according to Jay Stanley who wrote the ACLU's "Know Your Rights" guide for photographers, which lays out in plain language the legal protections that are assured people filming in public. Police officers may not confiscate or demand to view your digital photographs or video without a warrant and police may not delete your photographs or video under any circumstances.

What if an officer says you are interfering with legitimate law enforcement operations and you disagree with the officer? "If it were me, and an officer came up and said, 'You need to turn that camera off, sir,' I would strive to calmly and politely yet firmly remind the officer of my rights while continuing to record the interaction, and not turn the camera off," says Stanley. The ACLU guide also supplies the one question those stopped for taking photos or video may ask an officer: "The right question to ask is, 'am I free to go?' If the officer says no, then you are being detained, something that under the law an officer cannot do without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. Until you ask to leave, your being stopped is considered voluntary under the law and is legal."

 
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  • (Score: 2) by Alfred on Thursday May 07 2015, @01:29PM

    by Alfred (4006) on Thursday May 07 2015, @01:29PM (#179887) Journal
    Yes everyone should know this stuff. Anyone will become a amateur photographer when they see something go down since almost everyone has a camera phone. You won't have time to look it up as it is happening.

    I am also curious about a non-response to "am I free to go?"
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