| midnite |
Let's say I am stopped by a police officer and I turn on my digicam to record video of the incident.
- Do I have to inform him/her that I am recording?
- Do they have the authority to make me stop recording? If so, when? (like only after I am charged?)
- Are they allowed to make me show them what I have recorded?
- Can they confiscate my camera or make me erase the data?
- Is the law any different if I take a still picture? |
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| Soulfly |
| Good Question... :thumbup: |
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| dtjohnst |
- Do I have to inform him/her that I am recording?
Nope.
- Do they have the authority to make me stop recording? If so, when? (like only after I am charged?)
Yes. Anything a police officer tells you to do, unless they tell you to break the law, you're expected to comply with. And they can tell you to stop anytime they want.
- Are they allowed to make me show them what I have recorded?
Not without a warrant as far as I recall.
- Can they confiscate my camera or make me erase the data?
Again, not without a warrant or unless it's evidence in a crime (confiscating), they can't make you erase it, no, unless you took pictures of something that endangers national security.
- Is the law any different if I take a still picture?
Nope, they still need a warrant.
Bear in mind I've been out for about 3 years now, and this is one of those grey areas that's always moving. Common law doesn't really apply to a lot of this, it's case law. So setting a precedent is all that's needed to change it. But I've answered it as far as I understood it to work when I still carried a badge. |
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| midnite |
- Are they allowed to make me show them what I have recorded?
- Can they confiscate my camera or make me erase the data?
What if they say that they believe something illegal is on the camera? They would still need a warrant, right? |
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| dtjohnst |
quote:
Originally posted by midnite
- Are they allowed to make me show them what I have recorded?
- Can they confiscate my camera or make me erase the data?
What if they say that they believe something illegal is on the camera? They would still need a warrant, right?
As I said above:
quote:
- Can they confiscate my camera or make me erase the data?
Again, not without a warrant or unless it's evidence in a crime (confiscating), they can't make you erase it unless you took pictures of something that endangers national security.
They can ask you to show them, but you can refuse. Worst case they take it, check, find something illegal and press charges, at which point at least you can try to argue unlawful and try to have the judge refuse to admit it as evidence.
Things that you have recorded are no different then the clothes sitting in the closet of your house: they are yours. They may contain personal and private information, and you have the right to privacy. |
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| snugs |
quote:
Originally posted by dtjohnst
Yes. Anything a police officer tells you to do, unless they tell you to break the law, you're expected to comply with. And they can tell you to stop anytime they want.
Anything unless you break the law.... you sure about that?
"Sir, I know its -50 but please get out of the car.... drop your pants... now, do the chicken dance."
As far as I know the Canadian Law for photographers/videographers rights is similar to the US except for Quebec.... so just hit up google and find out what your rights in this situation actually are. :) |
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| dtjohnst |
quote:
Originally posted by snugs
Anything unless you break the law.... you sure about that?
"Sir, I know its -50 but please get out of the car.... drop your pants... now, do the chicken dance."
As far as I know the Canadian Law for photographers/videographers rights is similar to the US except for Quebec.... so just hit up google and find out what your rights in this situation actually are. :)
Get out of the car - lawful, must be complied with.
Drop your pants - indecent exposure at worst, lewd conduct at best, not lawful
Do the chicken dance - sobriety test isn't much different.
If you stick a camera in my face, I have the right to tell you not to record me and you have to stop. It's no different with police. |
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| shawley |
| so if i were to set up a really really small mini camera on the dash pointing towards where the officer would be standing and a mic right near my window? and a method of recording it the min i was pulled over, i would NOT have to tell the officer that i was recording, but if he asked what it was i WOULD have to tell him what it is and IF he asked me to stop recording i would HAVE to stop, but NOT have to show him the video, and i would NOT have to give him the tape if he asked for it? |
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| Transporter |
pretty much you hit it square on the head, it goes the same for any citizen.. not just the police,
i have rights and you have rights , you have the right to film your life i have the right to not be in your video.
it is best not to infringe on others rights |
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| stybscelica |
dtjohndt is really close. everything he posted is correct except the part where everything the officer say's you must do part. He's close but just may need some clarificatrion.
If you have a camcorder to your face and the officer has you stopped and the camera is interfering with the execution of his duties. It can be seized and you will can be charged with obstruction. Now you have the camcorder and while he is talking to you you have it sitting on the dash recording and you are not destracted by it, Ie you are not interfering with the lawfull execution of his duties you are fine. No you don't have to show him whats on the the camera unless the officer believes it is evidence, Then he will seize it and view it and you may or may not get it back. I.e video taping street racing. Believe me if there's a reason he WILL seize it.
The whole issue is called Single Party consent. Only one person must consent to being recorded to make it lawfull. This is how Police ICVS operates.
This all goes for audio recording.
Now the fun part you get stopped, record the stop and plan on using as evidence in court, A copy must be disclosed to the crown a minimum seven days before trial including transcripts. (These are very expensive)
Everything here also applies to audio recordings.
Cheers hopefully this helps you out.
One word of caution, you start recording an officer, If in Edmonton your name and vehicle information will be entered on a database and destributed to every officer in Edmonton as being suspicious because there is no reason to be recording officer's for any other reason than for malicious purposes. Prepare to be a** raped every stop.
Oh and by the way if you post the video on the internet or any public forum without that persons written consent you will be sued heavily and will likely be living on the streets afterword.
Cheers |
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| snugs |
quote:
Originally posted by stybscelica
dtjohndt is really close. everything he posted is correct except the part where everything the officer say's you must do part. He's close but just may need some clarificatrion.
If you have a camcorder to your face and the officer has you stopped and the camera is interfering with the execution of his duties. It can be seized and you will can be charged with obstruction. Now you have the camcorder and while he is talking to you you have it sitting on the dash recording and you are not destracted by it, Ie you are not interfering with the lawfull execution of his duties you are fine. No you don't have to show him whats on the the camera unless the officer believes it is evidence, Then he will seize it and view it and you may or may not get it back. I.e video taping street racing. Believe me if there's a reason he WILL seize it.
Yep.
quote:
Originally posted by stybscelica
One word of caution, you start recording an officer, If in Edmonton your name and vehicle information will be entered on a database and destributed to every officer in Edmonton as being suspicious because there is no reason to be recording officer's for any other reason than for malicious purposes. Prepare to be a** raped every stop.
Oh and by the way if you post the video on the internet or any public forum without that persons written consent you will be sued heavily and will likely be living on the streets afterword.
Cheers
Good post. Although, if a person did record questionable police conduct (like you see coming out of the states every month or two when they get taped beating the snot out of somebody) and went public thats a whole other story.
It is a little ironic that the police have cameras in their vehicles recording all of the activities during a stop, but if a citizen has the same setup its considered malicious and you will be harrassed because of it. |
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| dtjohnst |
quote:
Originally posted by stybscelica
dtjohndt is really close. everything he posted is correct except the part where everything the officer say's you must do part. He's close but just may need some clarificatrion.
If you have a camcorder to your face and the officer has you stopped and the camera is interfering with the execution of his duties. It can be seized and you will can be charged with obstruction.
IIRC, he can't seize it instantly simply because you had it to your face, he has to ask you to stop and put it down first. Failing to comply with that would net you several charges, including interfereing with his duties.
quote:
Now you have the camcorder and while he is talking to you you have it sitting on the dash recording and you are not destracted by it, Ie you are not interfering with the lawfull execution of his duties you are fine. No you don't have to show him whats on the the camera unless the officer believes it is evidence, Then he will seize it and view it and you may or may not get it back. I.e video taping street racing. Believe me if there's a reason he WILL seize it.
But he can't just say "You're a ricer, I suspect street racing on your tape and am seizing it." He needs some reason to suspect that. Otherwise cops would be kicking down doors in slums and halfway houses looking for drugs all the time without a warrant.
quote:
The whole issue is called Single Party consent. Only one person must consent to being recorded to make it lawfull. This is how Police ICVS operates.
This all goes for audio recording.
Now the fun part you get stopped, record the stop and plan on using as evidence in court, A copy must be disclosed to the crown a minimum seven days before trial including transcripts. (These are very expensive)
Everything here also applies to audio recordings.
Cheers hopefully this helps you out.
One word of caution, you start recording an officer, If in Edmonton your name and vehicle information will be entered on a database and destributed to every officer in Edmonton as being suspicious because there is no reason to be recording officer's for any other reason than for malicious purposes. Prepare to be a** raped every stop.
Or...you're recording for your own protection, just like cops record for theirs. And if you're treated unfairly because you have it, you sue for harassment. If it's really bad, ie get stopped everytime you leave your house, you sue for criminal harassment. That's one thing I've always hated about LEO's, even when I was in. Their job is to catch people breaking the law, and yet they take extreme offence when people try to catch them overstepping their bounds. I tell people don't break the law and you have nothing to worry about, and I employed that same methods when I was an officer. If you don't do anything wrong, why fear it?
quote:
Oh and by the way if you post the video on the internet or any public forum without that persons written consent you will be sued heavily and will likely be living on the streets afterword.
Not necessarily. As public servants, police are allowed to be scrutinized by the public, and video of them may be posted in the interest of public awareness of a problem. It's the only exception to the rule. It's borderline and a lawsuit on the subject could go either way, but at least it's somewhat of an out. It's not a guaranteed slam dunk case like posting videos of your neighbours getting jiggy in their back yard. |
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