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/

Safety for cops and the community

The news media is overflowing with stories out of Wisconsin, Ohio and other parts of the country placing daily blame on public sector salaries and benefits for present economic woes.  Police officers are being laid off across the U.S. in numbers not seen since the 1970's.  On the streets officers are being killed at alarming rates that have increased over the past two years.  Where is the accountability at the local, state and federal level for officer safety? 
http://www.policeone.com/patrol-issues/articles/3439420-Accountability-and-officer-safety-Whos-got-our-backs/

Police Memorial

R.I.P. Detective Falcone, City of Poughkeepsie P.D., killed in the line of duty, February 18, 2011.
http://www.policeone.com/patrol-issues/articles/3385216-Mourning-our-slain-LEOs/

The Art of Testifying

Say what you will but no matter how good a police officer may think he or she is at their job they are only as good as their last conviction.  If an officer does not know how to work with the district attorney's office, how to handle pesky defense attorneys on cross-examination and how to deliver their testimony then they have only half of the job figured out.  Testifying in court and being comfortable while doing so is a learned and acquired skill.  Too many officers do not take the time to improve this crucial job skill.  The link below is to a recent article for PoliceOne I wrote.  It is not meant to be inclusive but just to highlight some important aspects of the art of testifying.

http://www.policeone.com/legal/articles/3325033-4-keys-to-success-on-the-stand/

Use of Force Policy Implementation

http://www.policeone.com/legal/articles/3199248-Key-considerations-for-good-use-of-force-policies/

As always the use of force remains the number complaint against police officers and the main source of departmental liability.  When a critical incident occurs or a lawsuit is filed agency administrators do not want to be scrambling to up date use of force policy.  By having sound, current policy in place administrators can be confident their officers will respond properly and be protected in the aftermath.

Cop Bashing Without All the Facts

http://www.policeone.com/legal/articles/3257436-The-legal-system-versus-inflammatory-rhetoric/

All too often now we witness zealous plaintiff's attorneys jumping on the anti-police bandwagon without sifting through the facts.  Trials are held in the media and facts are distorted.  The full range of facts on this NYPD case are not all disclosed yet -- maybe the officers were wrong in their behavior and then maybe they were not.  But it is not a matter to be tried in the press.

Arizona 1070 ruling

The U.S. District Court in Arizona blocked implementation of a portion of the controversial Arizona bill 1070 dealing with illegal immigration.  The decision by Judge Bolton is not surprising, it is in fact expected based on prior federal and U.S. Supreme Court precedent.  But this is a controversial and emotion laden issue whic has many in law enforcement divided.  Immigration policy  and enforcement is the sole province of the federal government.  Any state or local government initiative seeking to create immigration policy or control immigration violates the Supremacy Clause to the U.S. Constitution.  But, unfortunately, the federal government has failed miserably in carrying out its constitutional imperative.  The burden of failed immigration policy and control is then placed on the states and often local law enforcement is the front line in dealing with the poverty, crime and enforcement issues created by the federal failure.
I have previously written on this issue and the Catch-22 situation that police officers are placed within.  Police resources are already drained in this economy and added responsibilities sought by the federal government to be placed on local police for immigration enforcement and homeland security measures further strains these resources.
On the side bar is a brief analysis PoliceOne asked me to complete in connection with the ruling on the day it was released.  I have included additional links to prior articles I have written on this issue.

http://www.policeone.com/drug-interdiction-narcotics/articles/1856910-Immigration-enforcement-by-local-police

http://www.ethicsinpolicing.com/EiPJournal2009Vol2No1.pdf