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There's a concept in law enforcement called a "lawful order", which is when a police officer orders you to do something and if you don't comply, he can arrest y
by morganvachon 10y ago
There's a concept in law enforcement called a "lawful order", which is when a police officer orders you to do something and if you don't comply, he can arrest you for obstruction. The thing is, the order must truly be lawful; he can't order you to do something illegal, and he can't order you to (for example) take off your clothes or give him your money.
Typically a lawful order will be something like during a domestic dispute, ordering one of the parties to find somewhere else to stay for the night and not to return home for a certain number of hours (a "cooling off" period). This avoids an arrest for domestic violence, which carries harsh repercussions even if the aggressor is found not guilty, and gives both parties a chance to work on their issues (as well as gives the victim time to leave safely if necessary). Another example might be in a civil dispute, where one party claims ownership of a 50 year old vehicle and the other party disputes this, and there isn't enough documentation to support either party's claim. The police are called, and the officer issues lawful orders to both parties to not touch the vehicle until they've sorted it out in court. If one of the parties tries to take possession of the vehicle later that day, they can be arrested by that officer.
The problem with the camera issue and lawful orders is that some jurisdictions have statutes prohibiting video and/or audio recording of the police or other government workers, and this empowers the police to issue locally lawful orders to stop recording. However, if this ruling carries any weight, the Constitutional right to record will theoretically trump the local restriction, rendering the order no longer lawful.
All of that said, even if the order is supposedly lawful, I agree that you should keep recording and ask for a supervisor. In some jurisdictions you may end up arrested for obstruction, but chances are the supervisor will realize the implications of continued harassment of a lawfully recording citizen and drop the issue.
- wyldfire 10y ago> However, if this ruling carries any weight, the Constitutional right to record will theoretically trump the local restriction, rendering the order no longer lawful. It certainly carries weight in the fifth district. If Grinalds/Dyess petition SCOTUS they'll likely hear the case in order to make sure their decision makes a consistent precedent wrt 1st amendment right to "videotape" the police.
- schoen 10y agoNote 5th circuit, not district. (In the Federal court system, a circuit is vastly larger than a district.)
- wyldfire 10y ago> However, if this ruling carries any weight, the Constitutional right to record will theoretically trump the local restriction, rendering the order no longer lawful. It certainly carries weight in the fifth district. If Grinalds/Dyess petition SCOTUS they'll likely hear the case in order to make sure their decision makes a consistent precedent wrt 1st amendment right to "videotape" the police.