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Tuesday, June 14, 2011

Videotaping the Police -- A Brief Legal Analysis

It seems there are more stories these days about police officers arresting citizens who videotape them in public while performing their duties.  Often times the story is a follow up to the charges being dismissed and the citizen and his or her civil attorney announcing a lawsuit for false arrest.  Are these arrests advisable?  Are they legitimate arrests?  It all depends on the grounds for the arrest and the surrounding factual circumstances.  An arrest for exercising a right -- very likely a 1st Amendment right -- is not permissible, however, if in the exercise of that right a citizen violates a specific law then the arrest is for conduct other than the exercise of the guaranteed right.  Still, it is dangerous ground for an officer to tread.  Officers are public figures and have to be expected, in this age of advanced technology and social media, to be scrutinized more closely.
A quick legal analysis is provided at PoliceOne by clicking the link below: 
http://www.policeone.com/legal/articles/3801254-Videotaping-the-police-A-brief-legal-analysis/