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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: 3, Informative) by wonkey_monkey on Thursday May 07 2015, @03:48PM

    by wonkey_monkey (279) on Thursday May 07 2015, @03:48PM (#179958) Homepage

    IANAL, but not stopping filming when asked in the UK is likely to get you arrested.

    Is that a guess?

    Metropolitan Police [police.uk]:

    Freedom to photograph and film
    Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.

    --
    systemd is Roko's Basilisk
    Starting Score:    1  point
    Moderation   +1  
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    Extra 'Informative' Modifier   0  
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    Total Score:   3  
  • (Score: 1, Informative) by Anonymous Coward on Thursday May 07 2015, @03:59PM

    by Anonymous Coward on Thursday May 07 2015, @03:59PM (#179965)

    (1)A person commits an offence who—

    (a)elicits or attempts to elicit information about an individual who is or has been—

    (i)a member of Her Majesty's forces,

    (ii)a member of any of the intelligence services, or

    (iii)a constable,

    which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or

    (b)publishes or communicates any such information.

    So ... you can't film the police if it could be useful to someone thinking about terrorism. Which is pretty much anything, if the cops feel like being annoying. Not sure it would stand up in court, but you are still likely to be detained if you are asked to stop and don't.