The legal right to follow and monitor (including recording) police officers in public is primarily protected by the
First Amendment
to the U.S. Constitution, which guarantees freedom of speech and the
press. This right is considered a crucial check on government power and
helps ensure police accountability.
Legal Basis
- 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.
Important Caveats
This
right is subject to "reasonable time, place, and manner restrictions".
Police officers can give lawful orders to stop recording or move back
if:
- 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