It’s not illegal to record the Police, Officer!

RideCBR.com Forums Sportbike Pictures & Videos It’s not illegal to record the Police, Officer!

This topic contains 12 replies, has 3 voices, and was last updated by Profile photo of nueyf4i nueyf4i 1 year, 9 months ago.

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  • #72443
    Profile photo of admin
    admin
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    Cop doesn’t know video recording laws, at all.. and start rambling off random crap.

    #72469
    Profile photo of nueyf4i
    nueyf4i
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    This is true in some states, Virginia is a 1 party state. . Means only 1 party needs to give permission to record and you would obviously be the consenting party. .Maryland is a 2 party state. . Need both parties to consent to record. . . That is why Paula Jones’ recordings against Bill Clinton were not able to be used when he was President. . Because 1 party was in Maryland at the time of recordings. . .So to be clear saying you can record is untrue as a BLANKET statement. . .also, if your recording interferes with the officer’s investigation you can be charged with obstruction of justice. . . So don’t get in the way cause even distracting the officer could be enough to be considered obstruction. . . . Had to put my 2 cents as a cop to give perspective. .

    #72470
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    Hmm.. I would have to look into it. I thought federally if it’s in a public place and it’s not hidden, you can record anywhere for anything. Just can’t interfere.

    #72472
    Profile photo of nueyf4i
    nueyf4i
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    The interference is the big part. . . Ive had people record me and I didn’t care. . . We are getting body cams for our department within the next couple of years and we are sifting through the mess of what and when to record. . . . It will be nice to have our stops and statements recorded for future reference but implementation, storage, and maintenance are gonna be a pain. . .we are a medium size agency with around 600 sworn officers. . . In my own research, the storage alone will be over $400,000 a year . .

    #72476
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    Yeah it gets crazy. I’m more of the one that leans to everything always being recorded. It seems easy enough but does get quite expensive, especially for police departments.

    Apparently where i’m at in Rhode Island there were several cases and it all sides with people being able to record whoever and whatever they want.

    First Circuit (with jurisdiction over Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island): see Glik v. Cunniffe, 655 F.3d 78, 85 (1st Cir. 2011) (“[A] citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.”); Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999) (police lacked authority to prohibit citizen from recording commissioners in town hall “because [the citizen’s] activities were peaceful, not performed in derogation of any law, and done in the exercise of his First Amendment rights[.]”).

    #72481
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    hubbard2a
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    I know that there was a case in Maryland where a rider recorded his traffic stop and posted it to youtube. The DA tried to you Maryland’s wire tap law to add a charge to the rider…. The Judge sided with the rider and stated that an officer has no expectation of privacy during a traffic stop in full view of the public…..

    Basicy the rider was having some fun (illegal fun, of course) popped a small wheelie and then zoomed through traffic at a speed over the limit and faster than other traffic. was pursued by an off duty trooper in his own car ( a civic) and then the trooper cut him off at a light, exited the car and pulled a gun on him, ordering him off the bike before ID’ing him self as a LEO.

    Most of the big charges were dropped, but the DA pushed the issue after the video showed up….

    My only point here is the “no expectation of privacy” ruling, Just stated the rest to remind any one who herd the case but may have forgot….

    #72482
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    nueyf4i
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    I’ve seen the maryland video and that was crazy what the trooper did. . . I always carry when I ride so things might have ended differently. . . Sadly. . .

    #72483
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    nueyf4i
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    Here is a case that covers my area. . . In 2009, the Fourth Circuit Court of Appeals (which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina) upheld a lower court ruling inSzymecki v. Houck that there was no clearly established right to record police—but did not rule on whether such a right in fact exists. . . This case obviously states a neutral position, but shows that there is still no federal case law that specifically upholds recording police interaction. .the case law noted in the posted video is about being told you are under arrest for one thing (recording police stop) and actually not being charged with that, but being charged for impersonating a police officer. . Went to us supreme court and he lost his case and the supreme court upheld his conviction. .

    #72484
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    nueyf4i
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    On a side note, if your bike is up spec and your not doing anything illegal. . . .you shouldn’t see one of us anyway. .

    #72492
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    My bike always has an “incorrect plate” or “bad license plate light”. Even if it doesn’t.

    My girlfriends father is a dispatcher for the local dept.. <3 the police. Around here anyway.

    #72502
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    nueyf4i
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    Here I see that guys like to mount their plate in an alternate location and don’t add a light (VA requires a dedicated white light to illuminate license plate), or velcro it under their tail or behind their wheel. . . I think its,pretty fair around here. . . Been riding since 2007 and haven’t been pulled over once on my motorcycles. . . . Most guys I stop have dead state inspections and are riding on a learners permit without a licensed rider. . .

    #72504
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    That makes sense.. I’ve only been pulled 3-4 times. Once was lane splitting in NC.. bad idea. Other 3 times were literally all bullshit so i’m bias.. each time claiming licence plate light.. but on my 600rr there was a BIG BRIGHT dedicated light that LIT UP THE ROAD. Ehh.. past experience has me a bit twisted in my perspective.

    Surprisingly in RI, I have yet to be pulled over for my plate on my 1000rr but it has a bright light and is 50 state legal (according to the manufacturer). It’s pretty far back but it’s straight up and down and lit up bright. Have to read up on RI specific plate laws.

    #72505
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    nueyf4i
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    I wish lane splitting were legal. .you can do it with a scooter but not motorcycle here . . . How dumb

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