Is it legal to film LEO's?

[platoonDaddy]

Reading the following story, I am confused if it is legal to film LEO's why is the DA moving forward?

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Man Faces Life In Jail For Recording Police

Every other case involving people arrested for filming cops has been thrown out of court, but media promulgates hoax that recording police is illegal

Paul Joseph Watson & Alex Jones
Infowars.com
Wednesday, August 31, 2011

http://www.infowars.com/man-faces-li...ording-police/

[NWPilgrim]

The DA knows it is not illegal and is probably hoping to scare the accused into making a plea and set an example to others: Don't mess with the government!

The police are public officials operating in view of public. I have heard of cases that it is even legal to film someone in their house if they can be seen from a public space (sidewalk).

The long arm of the law has been replaced with The heavy hand of the State (we are the law!).

[tgace]

I could give a rats ass if someone is taping me while I'm in a public place. I don't know way so many PD's are getting themselves jammed up over this.

I wrote my opinion on this matter a little bit back...

http://tgace.wordpress.com/2011/08/1...rbugs-bug-you/

[Dave-HuldraArms]

It is legal to film so long as you're not interfering with their duties or causing a safety hazard to yourself or others. There was very recently a state court decision affirming this, can't recall the state just read the article the other day.

I, as a full time LEO and trainer, don't care if Im recorded, hey its how we live now, everyone has a camera phone, and I have a camera too. I also teach this as some cops are really getting jammed up by over reacting to people recording them, its too bad that some cops out there make such poor choices. In some cases I have even solved cases by people recording incidents. One fight case I worked a person posted in on youtube, it was great for court. In another case, where force was involved, I politely asked a witness who was recording with her phone if she would provide a statement and allow us to view her recording. She was very helpful and made me an HD copy of a good arrest with proper force. So not every recording is bad, its just a culture thing, especially with the young, they just record stuff, its what they do.

[mr_smiles]

If you don't want to be filmed than you're doing something you probably shouldn't.

And no it's not illegal to film any one in a public place, how do you think those girls gone wild videos are legal?

[Renegade]

How do you think those girls gone wild videos are legal?

The women sign waivers. Otherwise they would obscure their faces.

[mr_smiles]

The women sign waivers. Otherwise they would obscure their faces.

That's just being careful as to not get sued - or at least try to discourage litigation. If I take my pants down and wave my dingaling around in a public place and some one takes a picture I have zero expectation of privacy. Now I've personally broken the law in most state, but that's beside the point

Now if I use a telescopic lens to take pictures of some one with out their knowledge in many states I've broken the law because there is an expectation of privacy. http://www.ndaa.org/pdf/voyeurism_statutes_mar_09.pdf

ETA: The only times I can recall that public filming can be limited is when it comes to national security. 18 USC 795 http://law.onecle.com/uscode/18/795.html Even than it's rarely enforced unless it's suspicious. Look at all the looney's at groom lake. :P

[Renegade]

That's just being careful as to not get sued - or at least try to discourage litigation.

True, my error - nothing criminal if no waiver, just avoiding civil litigation....

[SteyrAUG]

Great, more ammo for the "us vs. them" division.

What I wouldn't give to get the assholes that we didn't used to tolerate OFF the street and in jail where they belong so cops can go back to dealing primarily with a peaceful community and we could see each other as part of that same community.

Sadly I understand why cops film everyone these days and I've seen more than a couple cops who needed to be filmed. Just depressing when I know the way it should be and can remember it fondly.

[bp7178]

What an amazing unbiased article.

I don't see the problem with recording anyone out in public, LEOs included, but that article is one slanted peice of crap.

Is everything just thinly veiled editorials now?