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You are here: MacNN Forums > Community > MacNN Lounge > Political/War Lounge > It's legal to record the police again.

It's legal to record the police again.
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The Final Dakar
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Aug 30, 2011, 10:16 AM
 
Court says public has right to video police in public places | Universal Hub
A Boston lawyer suing the city and police officers who arrested him for using his cell phone to record a drug arrest on the Common won a victory today when a federal appeals court said the officers could not claim "qualified immunity" because they were performing their job when they arrested him under a state law that bars audio recordings without the consent of both parties.
"Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs."

Good news, with the small wave of states that have moved to bar this the past few years. My understanding is as this is a Federal ruling, it sets precedent.
     
Uncle Skeleton
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Aug 30, 2011, 10:52 AM
 
Hear, hear
     
Laminar
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Aug 30, 2011, 12:56 PM
 
Whatever dude, the police are our friends, we should just trust them. With tasers. Also it's Obama's fault, and the libs and dems.

Let's get this thread goin'...
     
OAW
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Aug 30, 2011, 01:09 PM
 
Good ruling.

OAW
     
turtle777
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Aug 30, 2011, 01:32 PM
 
Oh, shock, I actually agree with OAW.

-t
     
Big Mac
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Aug 30, 2011, 01:54 PM
 
Originally Posted by The Final Dakar View Post
Good news, with the small wave of states that have moved to bar this the past few years. My understanding is as this is a Federal ruling, it sets precedent.
You're correct that this is precedent setting, at least for those states within that federal district (and not the whole country unless and until it's affirmed by the SCOTUS on appeal). On that topic, I found out something interesting from a lawyer friend a couple months ago: A case that is brought in federal district court that seeks to set precedent does not do so until it is either upheld or reversed on appeal to a Federal Circuit or the SCOTUS. If it's just heard at the federal district level and not appealed there is no binding federal precedent set.

More on topic, this sounds like a great ruling on behalf of what should be legal common sense. In an open society predicated on liberty the cops should have nothing to fear from being recorded.
( Last edited by Big Mac; Aug 30, 2011 at 02:24 PM. )

"The natural progress of things is for liberty to yield and government to gain ground." TJ
     
OldManMac
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Aug 30, 2011, 06:42 PM
 
The ruling is proper, but I wouldn't hold my breath waiting for other jurisdictions to apply it. Law enforcement agencies will continue to push the boundaries.
Why is there always money for war, but none for education?
     
subego
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Aug 30, 2011, 06:49 PM
 
+1 good ruling.

It's not like they aren't filming us half the frigging time.
     
imitchellg5
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Aug 30, 2011, 06:53 PM
 
Oh good, now we get to watch cops do things like this.
     
ebuddy
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Aug 30, 2011, 07:44 PM
 


This is a good thing, but your local police are going to need some good PR because everyone knows it's no fun to record the overwhelming majority of mundane legitimacy out there.
ebuddy
     
turtle777
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Aug 30, 2011, 07:48 PM
 
Originally Posted by imitchellg5 View Post
Oh good, now we get to watch cops do things like this.
It's clearly a misunderstanding. He was only trying to arrest her.

-t
     
The Final Dakar  (op)
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Aug 30, 2011, 07:50 PM
 
Originally Posted by subego View Post
It's not like they aren't filming us half the frigging time.
Perhaps oddly, but I found that more galling than the constitutional infringement. I mean, you guys can record me without consent? If you guys have so much crap recorded, why are you afraid of us?
     
Uncle Skeleton
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Aug 30, 2011, 07:59 PM
 
Originally Posted by imitchellg5 View Post
Oh good, now we get to watch cops do things like this.
Wasn't that a scene in Super Troopers?
     
   
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