4 ms·

The first is an absolute farce. All an officer who doesn't want to be recorded needs to do is get in your face (or have his partner get in your face) - at which

by vkou 3y ago

The first is an absolute farce. All an officer who doesn't want to be recorded needs to do is get in your face (or have his partner get in your face) - at which point, you are now recording within 25 feet of an officer, and must either stop, or face arrest. If you take a few steps back, he can, of course, repeat this process ad-infinitum. Sure, you can argue this in a Florida court, and you might even win, but in the meantime, the law accomplishes exactly what it intends.

_heimdall 3y ago
Its worth reading the actual law as written [1]. Looks like the distance is actually 20 feet, and it specifically states that you can't approach a first responder with intent to harass after being given a verbal warning. If a first responder approaches you then you've done nothing wrong. [1] https://www.flsenate.gov/Session/Bill/2024/75/?Tab=BillText https://www.flsenate.gov/Session/Bill/2024/75/?Tab=BillText
- enragedcacti 3y ago
  That isn't the correct bill, the bill that passed has the more broad phrasing "to violate such warning and approach or remain within 25 feet of the first responder" https://www.flsenate.gov/Committees/BillSummaries/2024/html/3418 https://www.flsenate.gov/Committees/BillSummaries/2024/html/...
  - _heimdall 3y ago
    Oh thanks, yeah that clarification is an important one! The or remain addition ruins it, though I also don't see that holding up in court with any reasonable jury. In that scenario, if I start more than 25 feet away and stand my ground if a cop approaches me only with the intent of making me move or stop filming, I've truly done nothing wrong and the cop is intending to infringe on my rights. Will a judge or DA see if this way? Almost certainly not. But if I were on the jury I'd throw that shit out, I don't really care what the law says as written if its a law I don't think is constitutional or reasonable. Juries are there, in part, to act as a check on the legal system.
- rtkwe 3y ago
  > If a first responder approaches you then you've done nothing wrong. That is not how this is going to be enforced. Other places have passed this law and cops repeatedly walk up to people recording and threaten them to go back or block their view and often arrest them under their interpretation of the law the recorder then has to spend time and money to fight or simply suffer the consequences of an arrest even if they're not ultimately charged.
  - pixl97 3y ago
    You can beat the wrap, but you can't beat the ride. Well, unless you're poor, then likely you can't beat either.
  - _heimdall 3y ago
    Yeah there's definitely all the usual problems of having to fight an unlawful arrest. Its expensive, or you likely get poor representation from a court appointed lawyer, and it can take a ton of time that most people don't have to spare. Unfortunately its up to jurors in these situations. If we fundamentally disagree with a law as written and can't get representatives to throw it out, just toss out the case. Jurors aren't legally bound to decide whether the facts as presented meet the law as written. Jurors are empowered with deciding whether a peer should be punished. In the case of a law that you disagree with for whatever reason, you are well within your rights to go not guilty and avoid punishing a peer for something you don't think is worth punishment.
    - NikolaNovak 3y ago
      >> Jurors aren't legally bound to decide whether the facts as presented meet the law as written. Jurors are empowered with deciding whether a peer should be punished. That is fascinating to me and the opposite of my previous understanding! Do you have any links or experience to provide? Many thanks! :)
      - rtkwe 3y ago
        In the US jurors are basically untouchable for any decision they reach and can't be made to testify about their deliberations. So nullification is an off shoot from those two things where a jury can decide whatever they want even against their oath to follow the jury instructions and decide impartially. The prosecution tries to screen for this though during selection.

by vkou 3y ago

_heimdall 3y ago

Its worth reading the actual law as written [1]. Looks like the distance is actually 20 feet, and it specifically states that you can't approach a first responder with intent to harass after being given a verbal warning. If a first responder approaches you then you've done nothing wrong. [1] https://www.flsenate.gov/Session/Bill/2024/75/?Tab=BillText https://www.flsenate.gov/Session/Bill/2024/75/?Tab=BillText

enragedcacti 3y ago
That isn't the correct bill, the bill that passed has the more broad phrasing "to violate such warning and approach or remain within 25 feet of the first responder" https://www.flsenate.gov/Committees/BillSummaries/2024/html/3418 https://www.flsenate.gov/Committees/BillSummaries/2024/html/...
- _heimdall 3y ago
  Oh thanks, yeah that clarification is an important one! The or remain addition ruins it, though I also don't see that holding up in court with any reasonable jury. In that scenario, if I start more than 25 feet away and stand my ground if a cop approaches me only with the intent of making me move or stop filming, I've truly done nothing wrong and the cop is intending to infringe on my rights. Will a judge or DA see if this way? Almost certainly not. But if I were on the jury I'd throw that shit out, I don't really care what the law says as written if its a law I don't think is constitutional or reasonable. Juries are there, in part, to act as a check on the legal system.
rtkwe 3y ago
> If a first responder approaches you then you've done nothing wrong. That is not how this is going to be enforced. Other places have passed this law and cops repeatedly walk up to people recording and threaten them to go back or block their view and often arrest them under their interpretation of the law the recorder then has to spend time and money to fight or simply suffer the consequences of an arrest even if they're not ultimately charged.
- pixl97 3y ago
  You can beat the wrap, but you can't beat the ride. Well, unless you're poor, then likely you can't beat either.
- _heimdall 3y ago
  Yeah there's definitely all the usual problems of having to fight an unlawful arrest. Its expensive, or you likely get poor representation from a court appointed lawyer, and it can take a ton of time that most people don't have to spare. Unfortunately its up to jurors in these situations. If we fundamentally disagree with a law as written and can't get representatives to throw it out, just toss out the case. Jurors aren't legally bound to decide whether the facts as presented meet the law as written. Jurors are empowered with deciding whether a peer should be punished. In the case of a law that you disagree with for whatever reason, you are well within your rights to go not guilty and avoid punishing a peer for something you don't think is worth punishment.
  - NikolaNovak 3y ago
    >> Jurors aren't legally bound to decide whether the facts as presented meet the law as written. Jurors are empowered with deciding whether a peer should be punished. That is fascinating to me and the opposite of my previous understanding! Do you have any links or experience to provide? Many thanks! :)
    - rtkwe 3y ago
      In the US jurors are basically untouchable for any decision they reach and can't be made to testify about their deliberations. So nullification is an off shoot from those two things where a jury can decide whatever they want even against their oath to follow the jury instructions and decide impartially. The prosecution tries to screen for this though during selection.