Do you have the right to use a video camera (if the police pull you over)?

[AngelFZ]

I do not know if this was posted already but I just saw it.

A motorcyclist using his video camera while riding gets pulled over by an unidentified police, then he posts the video on you tube and gets charged by the police !!!!

Video - Breaking News Videos from CNN.com

 

[texcollect]

I think it all depends on the state laws regarding privacy. I think the law here in Texas states that as long as one of the parties (the rider) knows that there is video taping taking place then it's ok. Other states may vary.

Having said that my degree certificate says computing science and not Law.


Sent from my iPhone using Tapatalk

 

[Motogiro]

Yes this video was posted before but not this new news on it. Thanks for posting this.
Interesting! I don't think there's a problem recording these actions. I believe it is malicious prosecution. I don't believe the cop did anything wrong on this stop to begin with. Many of us discussed this video before on another thread.

 

[mcteague]

Oddly enough, I think it's the sound portion of the recording that is covered under the wiretapping law. Perhaps if he only recorded video he would be okay.

Tim

 

[Motogiro]

I think it all depends on the state laws regarding privacy. I think the law here in Texas states that as long as one of the parties (the rider) knows that there is video taping taking place then it's ok. Other states may vary.

Having said that my degree certificate says computing science and not Law.


Sent from my iPhone using Tapatalk

If you have a dash cam on a patrol car why would it be a problem for a citizen to have a camera? It's not like we're talking about a gun. I think there are laws that are the same in each state. You know...Freedom of Speech and all that stuff! Hahaha! There are cameras everywhere!

If it were me with my camera going, and the cop asked me not to post the video, and the cop did nothing wrong, I would honor it (not post the video) because the cop did nothing wrong. Of course I understand some of the reasons he wouldn't want it posted, and not because he did anything wrong. If I couldn't take responsibility for my actions and needed drama, I would post it. This guy may have been asked not to post this video. Obviously he was allowed to keep the video.

Either way a lot of soap will be sold......

 

[Mancolt]

If you have a dash cam on a patrol car why would it be a problem for a citizen to have a camera? It's not like we're talking about a gun. I think there are laws that are the same in each state. You know...Freedom of Speech and all that stuff! Hahaha! There are cameras everywhere!

While I agree with you, I don't think that's quite how it works. I don't have a law degree either, but I do remember reading about a similar incident awhile ago where the police pressed charges because the officer was unaware he was being recorded/taped. I believe in order to videotape or sound record a cop, they have to know it's occurring.

 

[sjryser]

LOL. I got stopped on Saturday for doing just that! I had my camera phone out video taping an accident(dumb, I know. But I wanted to show my buddy why I was 30 minutes late to his house to help) anyways the CHP officer standing near the SUV that was laying on its side with a toyhauler still attached darted in front of my car and motioned me to roll down the window. In a very angry voice, he told me, and I quote "if you want a good picture of the accident just pull in next to my cruiser and I'll give you a ticket while were at it." I promptly set my phone in the passenger seat, to which he replied "Have a nice day."

 

[fzme]

Here's a vid of a DIY camera into a car. The guy who made it had a previous encounter with a cop that he thought was unfair, so he decided that he would have proof on his side next time. This was reported on KMOV out of St. Louis, but the link on their site is dead.

Watch Cop Lies And Threatens Kid For Nothing Video | Break.com

 

[cap'n]

Here's a vid of a DIY camera into a car. The guy who made it had a previous encounter with a cop that he thought was unfair, so he decided that he would have proof on his side next time. This was reported on KMOV out of St. Louis, but the link on their site is dead.

Watch Cop Lies And Threatens Kid For Nothing Video | Break.com

This is amazing, by the way.

 

[cap'n]

...oh my god, at about 6 minutes in he figures out that the he's probably going to lose his job and starts seriously backpedaling. Seriously, this is amazing. That is someone who needs a career change.

 

[AngelFZ]

I missed what was discussed here about this video on another thread. But from what I saw on the video, I don't think the cop is following appropriate procedures: he's using an unmarked car without lights, suddenly blocks the motorcyclist and opens the door of the car pointing a gun at the motorcyclist, even if it was not for too long. I think he should have identified himself as a police (for example, famous batch in one hand and gun in the other).

Indeed, the guy in the motorcycle was videotaping his own actions on a public road (which could have been used against him because he was speeding a popping wheelies). Of course, I'm not a lawyer, this is just my opinion.

Police patrols have video cameras with audio, they do not tell people that they are been videotaped. The video/audio could be used as evidence, training, even to be shown on TV programs. A videocamera in a helmet is obvious and this cop never asked if the video was on (at least on the portion that is shown).

As "motogiro" said, if the cop would have not done anything wrong and would have asked not to post the video, I don't think there is any problem, but I don't think the police follow appropriate procedures and once the video was posted, then the guy was charged!!!!!!

Here's a vid of a DIY camera into a car. The guy who made it had a previous encounter with a cop that he thought was unfair, so he decided that he would have proof on his side next time. This was reported on KMOV out of St. Louis, but the link on their site is dead.

Watch Cop Lies And Threatens Kid For Nothing Video | Break.com

This is so sad, and indeed, on the second half of the video, the police agent changed his interaction.

Unfortunately authority and power get to a lot of people, and even change them for worse...

 

[Cloned]

A federal court has ruled that it is not illegal to videotape the police:

"The activities of the police, like those of other public officials, are subject to public scrutiny. . . . Videotaping is a legitimate means of gathering information for public dissemination and can often provide cogent evidence.... — Judge Harvey Bartle III (PDF)"

http://www.paed.uscourts.gov/documents/opinions/05D0847P.pdf


Of course, this doesn't stop them from threatening you with arrest, or sometimes actually arrested. But if taken to court, this legal precedent is your friend.

 

[Dave 321]

I'd **** myself if an unmarked car blocked me off, then got out waving a gun at me.

 

[Motogiro]

I'd **** myself if an unmarked car blocked me off, then got out waving a gun at me.

After you were doing over 100MPH doing a wheelie passed a bus etc????

I can understand your feeling but.....

There's more to this video and that included him seeing a marked trooper turning around and when he was stopping he looked back at the marked car with lights, so he wasn't surprised. He was rolling backwards and the plain clothes-man never pointed the gun at him. The cop secured the bike and ID'd himself and I wouldn't understand how he was surprised.

Maybe we can find the original thread on this that was posted so that we can see some of the opinions on this same stop with a little more of the video to clear up some of this.

I totally agree that there shouldn't be a problem video taping anything that's normally open to the public eye.

Yeah, You know, like, the Patriot Act, Yeah, That's it, for uh National Security! Yeah, That's it! That's the Ticket! Hahaha!

 

[YamahaMAXdRPMs]

Lol, this happened in my town, i actually went to school with the kid... story is that he was riding, doing dumb stuff... apparently did it right in front of the off duty cop. The state was right behind him about to pull him over just as the off duty guy cut him off. The cop ID himself withing like 3 seconds. The kid was asked several times if he was recording and kept saying no, when they let him take his helmet off he turned the camera off, which he thought was enough. But after getting the tickets for all the sh!t he was pulling, he thought he would take a jab at the popos and post the vid on youtube, Dumb mistake #2, he now in big time trouble for telling the cops he was not recording when he really was.

Wish i would have seen it, i think it happened like a mile from my house lol... kid is an idiot... you did something wrong, take your punishment like a man.

 

[AngelFZ]

That is a way to present the news!!!!!!!

I only saw the section of the video on this link, where, even though the motorcyclist is at fault they make him look like the victim...

 

[chunkygoat]

With a good lawyer, I think the charges would be dropped.

I don't believe it is illegal in ANY state to video tape an officer. Now there may be certain circumstances, but given that he is aware he is being recorded, it would be illegal for him to seize your recording or stop you from taping.

If you were committing a crime, I assume they would most likely do whatever they please with the evidence, especially if it captured them on tape doing something illegal - regardless of what the laws may state.

 

[Ridgeback]

Here in the UK you can film just about anything at anytime,after all,we are the most 'Big Brother' Country in the world.

We have over 4.2 Million CCTV cameras and you are caught on them on average 300 times a day.......

When you watch a program like Road Wars,the driver will always kick off about being filmed,but as the Police always point out,filming in a public place is perfectly legal,no matter who you are,or what you're filming.

 

[dave0407]

Yet another example of cops being thugs… WTF does to off duty plain clothes cop even pull out a gun for traffic violations. They guy is lucky he didn’t open fire on him for “reaching” like the thug in Toledo. If a cop can record me with a dash cam, then I can record them with any camera I please!!

 

[brico]

O'er the ???land of the free??? and the home of the brave?