The legal right to follow and monitor (including recording) police officers in public is primarily protected by the
- First Amendment: Federal appellate courts have consistently held that recording police officers while they are performing their duties in public spaces is a constitutionally protected activity. The basis is that citizens have the right to gather and disseminate information of public concern, including the conduct of government officials.
- Fourth Amendment: This amendment offers additional protection by generally making it illegal for officers to confiscate a recording device or search its contents without a warrant or the owner's consent.
- Fourteenth Amendment: The Due Process Clause of this amendment may be violated if an officer deprives an individual of their recorded property without fair procedure.
- The recording interferes with their ability to perform their duties (e.g., physically getting in the way of an arrest).
No comments:
Post a Comment