In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
Saturday, March 09, 2013
U.S. Weighs In Favor Of Right To Record Police
The Justice Department is urging a court to affirm individuals’ rights to record police under the First Amendment, filing a statement of interest in support of a journalist suing over his arrest while photographing Maryland officers.
In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.
In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.
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8 comments:
If they can record me ,I can record THEM...
What they tell us, "If your not doing anything wrong, what are you afraid of?
But they will misuse laws that are not applicable to what they claim is a crime just to be vindictive control freak, power hungry sociopaths with a gun to back up the madness to punish you.
Wiretapping and Voyeurism for a cell phone video in public.
Maryland Police agencies and specific officers should be charged retroactively for filing false charges and malicious prosecution. Just to even things up and teach them the lesson to remember who they work for while their in uniform.
Get it cops?
5:11, what are you afraid of?
6:28 The cops and their arrogant power hungry egos.., just like everyone else. They aren't leos to "protect and serve" the citizens they are leos to "protect and serve" themselves.., GET IT 6:28?
7:08 you sound like someone who couldn't make the cut to be a cop so now you don't like them. That's what I get. If you have kids I hope they don't catch your anti-authority attitude.
12:01....everyone that criticizes the biggest and most dangerous gang in the nation (the police, not the Latin Kings, or the Bloods) are not "anti-authority" or "couldn't make the cut". Many are just fed up with 5'4" tough guys beating, robbing, and murdering citizens. Or maybe you haven't seen the THOUSANDS of YouTube videos of that very thing. Or read the THOUSANDS of court cases documenting that same thing. And PLEASE stop acting like going through cop training is the line between being a real man and a jellyfish. MILLIONS of men and women have went through military training (lets see YOUR tough guy ass haul an 80 lb pack up a mountain trail - and no, you don't get to say "I'm tired, can we stop for a second?") and one on one, would beat you to death. Quickly. When cops fight, it always 5-10 against one and they seem to need 50 rounds to kill a person. And THAT make you wanna be Nazi's somehow better and tougher than the rest of us?? Go man a radar trap, or bust someone for not wearing their seat belt. But stop with the self-inflated "we're the only tough guys" BS. Most men that I know would snap your neck if you weren't wearing a badge while you run your mouth and body slam old ladies...
I like 12:23 5'4 tough guys! He or she is spot on.
It's a common police tactic to seize film and/or arrest the filmer. Even if they know that the charges won't stick, that person's evidence is destroyed and they are effectively silenced. Sure the case will get thrown out, but it solves the immediate problem and there is no personal liability to the arresting officers.
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