Should police expect to be recorded in public.
Should we ever expect to have a right to privacy when we’re in public? I don’t think so; cops are public employees. We can record comments and statements made by suspects/arrestees sitting in the back of our police cars where there’s no expectation of privacy. Thus, there should be an even lower standard of privacy outside the police car. We routinely record and surveil citizens without their permission, so why should there be a separate set of rules regarding them recording or filming us? If a bad guy doesn’t have to consent to being filmed, cops shouldn’t either. Should Internal Affairs be required to get consent to film or record from a cop suspected of criminal or unprofessional conduct?
It’s my understanding wiretapping laws are being applied to such cases where citizens have been arrested for taping officers in the course of their duties. Some states, (Arkansas, California, Connecticut, Florida, Illinois, Louisiana, Massachusetts, Maryland, Montana, New Hampshire, Ohio, Texas and West Virginia) are “2-party consent” states, meaning both (or all) parties must consent before taping. Should this then make all cop surveillance taboo? How slippery of a slope does this need to be?
Law enforcement has been using dash-cams for years, and now recording devices are worn on an officer’s uniform — think TASER’s AXON or EHS’ VIDMIC. I don’t know of any statutes declaring only the police are allowed to collect evidence and that’s the purpose behind these devices. They’re also used to mitigate liability in the event of a misconduct allegation, but it’s still evidence. What’s really disturbing is the officers who appear to be misbehaving are the ones reacting in outrage they’re being videotaped.
The reality is, cops have very public jobs, like it or not. We’re expected to behave professionally even when faced with overwhelming challenges. The public generally knows we’ve got a tough job, but no one is forcing us to do it. Some people have an axe to grind with police tactics, there’s no changing this mindset, and they’ll do their best to catch us making mistakes, misbehaving, abusing our authority or losing control. It happens sometimes to the best of us. It’s best to admit our mistakes and take our lumps.
Look at any of the silly reality cop shows on TV these days. Please tell me how dragging around a film crew is any different than what the average citizen is doing. Recording with high-end, professional cameras nets the same results as some guy with an iPhone or pocket video recorder. It’s not reasonable to believe documenting police activity is only acceptable when it makes you look good. Celebrities put up with all the photographing and videotaping associated with their careers — even when they may look like hell — but it’s all part of their very public lives. Cops need to understand we’re not much different.
Link: http://www.americancopmagazine.com/expecting-privacy-in-public/