The arrest of South Carolina police officer Michael Slager, who shot and killed Walter Scott in North Charleston this week, came shortly after the release of a cell phone video recorded by an eyewitness.
The filming of police by civilians has also sparked controversy, and often causes confusion about what is legal.
For eyewitnesses of police activity, the law is crystal clear, according to Mark Graber, who teaches constitutional law at the University of Maryland: "You can film police on duty as long — as you're not interfering with their activities."
"Interfering" is the key word word when discussing the legality of recording encounters with the police.
"Precisely what constitutes 'interfering with police duties' is not entirely clear," Graber says. "This strikes me as an issue that within five years is likely to be a Supreme Court decision."
In the meantime, he says, the gray area includes determining how far away eyewitnesses should stand with their cameras so as to not get in the way of police.
"It gets murky when, in fact, people recording are so close to the police officer that they're distracting the police officer, or the police officer can't tell is that a camera or a weapon," says Graber. "Those are where things matter."
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DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
3 comments:
bottom line is they don't want you recording them breaking the law!
All these cops whining about being videotaped need to explain the longest running reality show ever, Cops!. It's ok when they have camera guys running alongside them for the show cuz the have editing power over what is released. But god forbid a citizen be taping them at all. They might have a weapon? That's the excuse? It's total BS. They just can't cover-up that video. So come on leos, explain that?
what are they trying to hide?
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