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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."
(Score: 3, Disagree) by Runaway1956 on Thursday May 07 2015, @02:04PM
I did that to a cop a couple weeks ago.
Now, understand, I do drive pretty fast most of the time. I am generally 10 mile over the limit, and sometimes more. Cops have plenty of opportunity to ticket me, if they catch me.
But, this one night, I drove into the town where I work. I found myself behind a slow driver, and I just sorta adjusted to it. Coming back OUT of town, on the other side, with no one in front of me, I realized that I was traveling maybe three mile UNDER the limit. Oh well - no biggie, I'm almost at work. Speed limit goes up to 45, I look down, I'm STILL only doing about 32, so I press on the gas. At the 55 mph sign, I looked down again, and the speedo says 47. 150 yards or so beyond the 55 mph sign, I meet an oncoming car, that car slows, does a U-turn, and comes up behind me.
Smart ass addresses me with "Do you know how fast you were going?" I gave him the look. "Yes, I do."
He says, "You were going 58 in the 45 - you can't speed up until you are past the 55 mph sign."
I studied him for several seconds, with that look. And, simply stated, "No, I wasn't." You know the tone of voice - you're lecturing the retarded kid next door about his latest retarded idea.
He asks if he can see my driver's license. "Yes, you can." And, I took several seconds to dig it out for him, all the while staring at him like he's wearing his breakfast on his uniform.
He tries again, "There's a reason for the 45 mph zone, and you were going over 45."
Again, the look. "No, I was not."
He starts looking at me with a totally different look on his face, like he's FINALLY figured out that I think he's an obvious moron.
"Well, I'm not going to write you a ticket, just slow it down for me, alright?"
I never sneer at people, but I think my nose actually turned up at him, just before I turned my back, and climbed in the car, to leave him standing there still looking stupid.
(Score: 0) by Anonymous Coward on Thursday May 07 2015, @03:51PM
and climbed in the car
Wait, you got out of your car during a traffic stop? You must be from an area where you can trust cops or where cops will trust you.
Proper protocol to reduce your chances of getting shot:
Cabin light on.
Licence and registration on the dash.
Window down a third to half-way.
Keys out of the ignition.
Both hands on the wheel.
(Score: 2) by Runaway1956 on Friday May 08 2015, @12:55AM
Yes, I've read that many times. I can't argue against that advice, but it isn't me. I can't passively sit, and wait for the cop to decide to approach my vehicle. He turned his lights on because he wanted to talk to me, so I get out and greet him. I've driven all over America, and only felt threatened by cops a few times. If I feel threatened, I want to meet the threat on my feet anyway.
In my experience, the cops are out there to generate revenue, rather than to cause more serious problems. Picking a fight with a "suspect" isn't the most efficient way to generate revenue. Writing a ticket and moving on to the next "suspect" is most efficient.
(Score: 2) by DeathMonkey on Thursday May 07 2015, @05:21PM
Who else thinks this is a completely fabricated story?
(Score: 0) by Anonymous Coward on Thursday May 07 2015, @08:27PM
me.
He would have still issued the ticket. Not his problem. However it is yours and you have to go fiddle around in court to fix it. Even if he does not show you are still inconvenienced. He knows it.
(Score: 2) by Runaway1956 on Friday May 08 2015, @01:06AM
Why would I make up a story like this? Why do YOU think it's made up? I suspect that you feel intimidated by the cops, and that you answer them with "yes sir" and "no sir".
Me? I''m an American citizen. I have equals, but I have no superiors. I address people, cops included, as equals. I'm not intimidated by his badge, or his gun. Maybe that comes from having worn a uniform for several years, and from being familiar with weapons. When I have to interact with a cop, it's a one-on-one thing, person to person, equal to equal. Except, in this case, I was the equal, and he was just acting retarded. There isn't a snowball's chance in hell that he clocked me over the speed limit this time. He was either lying, or incompetent, or his radar was malfunctioning badly. If I had to go to court over this one, I had every intention of demanding his training record, as well as the calibration history of the radar unit.
You believe what you want to believe - but what I wrote above is true.
(Score: 0) by Anonymous Coward on Friday May 08 2015, @03:13AM
You don't look like a moron. You are a moron.