Recently, Jack Ryan, an attorney, for the PATC Legal & Liability Risk Management Institute brought to light a situation which law enforcement officers needs to understand. Quite simply, it is the position of the higher courts that members of the public have a fundamental right to utilize a cell phone to record law enforcement officers in a public place or any place the citizens have the right to be. Here is a link to Jack's article:
Jack further indicated that the police need to get over it. I agree. Why not rethink the situation?
If citizens may record officers involved in an arrest, why not use this as a tool? Law enforcement’s greatest weapon is communication. It demonstrates good faith and professionalism. Why not be recorded where one’s actions be observed simultaneously with verbal directives, such as:
Police Officer! Freeze!
Police Officer! Don’t move!
Police Officer! Stop fighting!
Police Officer! Cooperate! We don’t want to hurt you!
Police Officer! Show me your hands!
Police Officer! Drop the gun!
Police Officer! Drop the knife!
Expect to be recorded, expect to be filmed, and be prepared to identify any individual with a cell phone on scene who may be able to provide a recording of the incident. Let’s turn a recording of officers by an onlooker into evidence in support of an arrest rather than a means of initiating an action against the police for wrongful conduct. Officers are to do what needs to be done as per the circumstances at hand. Recordings as tools are not to be feared. They are an aid to help ensure throughout the USA there are - Officers Standing!