Amendment to the law: when you can take a picture of a policeman

The Court of Appeal ruled in favor of journalists and ordinary witnesses who are entitled to videotape and photograph police in public places.

It all started with the fact that Richard Fields and Amanda Geraci tried to write down the police officers from Philadelphia who publicly performed official duties, but they were forbidden to do so.

After that, they sued, arguing that the right to video the police in a public place is the right of the first amendment of the US Constitution. And if the police can stop a witness from recording an officer in a public place, then the police can also stop the work of journalists. They are joined by the 31 media organization, including: National Press Photographers Association, Radio Digital Television Digital Association, The Associated Press, Gannett, McClatchy, NPR, The New York Times;

This case stretches from 2010 of the year and managed to go through several instances and cause controversy.

In each district court of appeal on this issue (first, fifth, seventh, ninth and eleventh) it was established that there is a right of the first amendment to record public police activities.

The right to photograph and record is an activity protected by the First Amendment. Be polite and professional in everything you do, and continue to write it down as this may be the only evidence to support your claim if you are arrested.

The police can use your images and / or recorder (cell phone, camera, etc.) only under certain conditions, known as “urgent circumstances”.

If they do this without meeting the criteria of urgent circumstances, they may also violate your civil rights in respect of unreasonable searches and seizures protected under the Fourth Amendment and rights to due process, protected by the Fourteenth Amendment.

These requirements are:

1. Officials should have a credible basis for believing that a serious crime has been committed.
2. Officials must have the conviction that there is evidence of this serious crime on the device.
3. Officials must firmly believe that if there is no seizure of such evidence, they will be lost or destroyed.

All three items must be implemented, and many departments require the supervisor to be called before a seizure occurs.

Even after such withdrawals, these images cannot be viewed without your voluntary consent or in accordance with a court order.

Also remember that as recommended by the US Department of Justice, "In accordance with the First Amendment, there are no circumstances under which the contents of a camera or recording device must be deleted or destroyed."

Read also on ForumDaily:

What to do if you are stopped by a police officer in the USA

US Secret Service: Five Interesting Facts

6 traffic rules that violate every day

911 call rules that can save lives

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.