On January 9th Joseph Demary of Lenox, MA, one of our followers on Facebook, was arrested for recording a police officer issuing him a traffic citation.
In his own words,
“I was arrested for “unlawful secret recording” for having my phones camera on as it sat on the passenger seat of my car as I received a speeding ticket. I informed the officer I was just protecting myself and my rights. I was quickly arrested and charged with a felony “unlawful secret recording”, my vehicle was towed, I was booked, fingerprinted and thrown in a jail cell for 3hrs for nothing more than exercising my constitutional rights.
The first Amendment includes the freedom to observe and document the conduct of governent officials, which is crucial to democracy and a free society.
Laws governing recording government officials vary depending on jurisdiction, but the first amendment applies across all of America. We should not have to fear our government and certainly should be able to take reasonable action to accurately record events when we interact with officials. If you think Mr. Demary’s arrest seems unjust, Share this to spread the word and help raise awareness! Mr. Demary goes on to say:
Citizens should have the right to record police during arrests, either of their own arrest or someone else’s, to ensure that they are PROTECTING and SERVING rather than acting as Tyrants. This is not the first time someone has been arrested for simply recording Police officers, and I feel that all people should have the right to film Police Officers, especially during their own arrest to make sure the Officers in question are being fair and not abusing their power.This is a blatant violation of civil rights and a injustice. Currently this is just a state issue but I believe that this should be a federal Constitutional Right.
If you would like to support Mr. Demary, here is a link to a petition to help him out.
Photo: Change.org
Always let them know it is being recorded.
Apparently he did, the story states…”I informed the officer I was just protecting myself and my rights.”
It is his right.
Written in May, 2014, this also happened in Massachusetts:
Last week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony arrest for videotaping police roughing up a suspect. Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a “constitutionally protected right to videotape police carrying out their duties in public.” The Boston Police Department now explicitly instructs its officers not to arrest citizens openly recording them in public. Ed. note — Here in 2014 this policy has been trickling down to police departments in other major cities including D.C., Baltimore, and New York. Moreover the 2007 ruling not only still stands, but has been upheld recently in a May 2014 First Circuit ruling.
Slowly but surely the courts are recognizing that recording on-duty police is a protected First Amendment activity. But in the meantime, police around the country continue to intimidate and arrest citizens for doing just that. So if you’re an aspiring cop watcher you must be uniquely prepared to deal with hostile cops.
The Massachusett cops are EXTREMELY hostile and corrupt!!! Never been to a state in my life and been treated in the manner in which they treated a friend and I!! Horrible!
Sabrina says:
“It happens to me all the time!”
From: http://www.truthandaction.org/1st-amendment-violation-police-arrest-man-recording-traffic-citation/comment-page-2/#comment-508967
If he takes it to court, he will win. The police need to learn the laws they are trying to enforce. Even secret recording cannot apply to police doing a public job. Recording in public should be expected. Besides, the police don’t inform people when they record them. If it was unlawful, then they would be breaking the law.
I’m with you Patrick
Sabrina says:
“Apparently he did, the story states…”I informed the officer I was just protecting myself and my rights.””
From: http://www.truthandaction.org/1st-amendment-violation-police-arrest-man-recording-traffic-citation/comment-page-2/#comment-508979
Check state and local laws. In NV you do not have to tell the public official you are recording if they are on public property and they are performing public duty
OBAMA Spies on us and?????????
c**p like this needs to go