Freedom. What does that mean anymore? Yesterday, I read this article in the O about Mike Tabor who had his camera confiscated by Portland Police after he videotaped them harassing citizens. The police contend that the “citizens” in question are known drug affiliates and their actions on tape were justified. They only approached the cameraman after he had taped the entire incident (where no one was arrested but indeed intimidated) and asked him if he had been filming the entire time. When the answer was yes, the followed up wondering if audio was recorded. Yes was the answer- ergo the confiscation. Oregon law does not allow for the recording of audio if those being recorded are not aware. Well, officer asshat, you did look right at the camera a few times – do you really want us to believe you were unaware of it recording audio? Also, this is a public street and that is a citizen journalist. If it had been KGW, would it have gone down the same? Probably not.
The officer in question is Portland Police Officer Dane Reister, a stocky smaller individual who seemed to have chip on his shoulder or something. At one point during the beginning of the stop, he steps up and shoves one of the individuals back. I don’t know how long he has been an officer, but he looked to be from the Kroker school of Policing where you hit hard first and then ask questions later.
I feel that in public spaces, the public should be able to videotape or take photos of the Police when they are in the process of a stop. It is in everyone’s interest. Granted, we’ve all seen footage of Police beatings and rampant abuse in the past years that amounted to no action against those in the wrong, but one can hope. I really hope there is a change in the law or a directive like when Mayor Potter was chief allowing for the public to videotape police when they are executing their job.
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I understand the need for privacy laws, but a law restricting the recording of audio in a public space seems to be a bit overboard. When it comes to photography, the law allows for taking photos in public without restriction. There are restrictions on photos where someone would have a “resonable expectation of privacy” (I could be in trouble for using a telephoto lens to peer over your fence and into your bedroom window, for example) but on a public street no such expectation of privacy exists. I’m not sure why it should be any different for audio recordings.
The same thing happened back July in a Beaverton bowling alley: http://www.oregonlive.com/washingtoncounty/index.ssf/2008/08/police_arrest_man_for_cell_pho.html
@Jason McArthur – There isn’t enough information in the Beaverton article for me to know if these are similar. When I read it, it implies the cell phone used was not visible and the people being recorded truly didn’t know they were being recorded. With the incident this past week, the video camera was in the officers face and the officer looked at it repeatedly.
So apparently, this case is being discussed on OPB’s Talk Out Loud right now. My take is, as long as you inform the police their audio is being recorded, they cannot seize said device. They can’t take the device away or disagree, they just need to be informed.
Ended that short… They have to be informed, if not, and conduct their business without being informed otherwise, it gives them the right to confiscate the audio. Unreal, knowing that everything they do should be expected to be recorded, but they need to be reminded by the flawed laws in place.
@dieselboi – That’s beside the point. They have to be informed, not by the fact the devices is present, but be informed verbally that they are being recorded. They can’t tell you to not be recorded, but they have to be informed, per the law. So, break out cellphone/cameraphone, announce and record away. Notice how the Joe Nobody case, the police officer made the seizure _after_ the incident has taken place.
So, just announce, done and done.
Jason,
Thanks for the comments. Ok, so if we’re videotaping, say it loud enough for the audio to pick up that your video taping. That way, it doesn’t matter if the cop heard or not because it was recorded.
I love Ameriker.
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