Results 1 to 15 of 15

Thread: Judge affirms probationer has a right to tape police officer in her home

  1. #1

    Judge affirms probationer has a right to tape police officer in her home



    Pam
    In a statement of findings and recommendations filed last week, a US Magistrate Judge for the Eastern District of California affirmed that a woman on searchable probation had the right to videotape three officers who came to her home to search it.

    In February 2011, plaintiff Mary Crago was visited by three police officers, including defendant Officer Kenneth Leonard. Leonard was working on the Sacramento Police Department's Metal Theft Task Force, and he was tipped off that Crago may have been involved in a theft involving a vehicle battery. Since Crago was on searchable probation, the officers entered her home—the door was open—and they found Crago “sitting on a mattress, digging furiously through a purse.”
    According to court documents, “Inside the purse, defendant found a four-inch glass pipe and a small baggie with white residue. The white residue subsequently tested positive for methamphetamine.” Crago did not resist the officers' search, but she allegedly told Leonard that she was recording the search on her laptop. Leonard then took her laptop and deleted her recording, telling her that recording was forbidden.

    Crago then sued, saying her right to record the police in her home was protected by the First Amendment.

    The magistrate who looked at the case this month denied Leonard's request for summary judgment, which would have prevented the case from going to trial. He argued that recording a police officer while conducting official business is not yet “a clearly established right under the First Amendment.”

    In recent years, many courts in the US have seen cases that dispute whether the public is allowed to video tape cops in the course of their official business. In 2012, the Supreme Court declined to review a ruling saying that the First Amendment encompasses a right to record the actions of police who are on duty. In May 2014, a federal appeals court said that the public does have a right to film police in public.

    Leonard argued that no cases that do assert that taping a police officer is a right involve a probationer. Further, those cases usually say that recording an officer is a right when the recording is made in public, but Crago allegedly recorded the officer in her private home. Because of this, Leonard argued, he should benefit from “qualified immunity,” which prevents government officials from facing civil damages if they don't “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    The magistrate judge came down in favor of Crago, however:

    The location of where the video recording was being made was plaintiff’s place of residence. If a plaintiff has a clearly established constitutional right to record from a public place where the plaintiff has the lawful right to be, a plaintiff surely has such a right in his or her home. There simply is no principled basis upon which to find that although the right to record officers conducting their official duties only extends to duties performed in public, the right does not extend to those performed in a private residence. The public’s interest in ensuring that police officers properly carry out their duties and do not abuse the authority bestowed on them by society does not cease once they enter the private residence of a citizen. To the contrary, there appears to be an even greater interest for such recordings when a police officer’s actions are shielded from the public’s view. Further, there is no reason to believe that plaintiff’s status as a probationer would diminish the public’s interest in how police exercise their authority in a private citizen’s home.

    http://arstechnica.com/tech-policy/2...r-in-her-home/
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho



  2. Remove this section of ads by registering.
  3. #2
    Police officers have a very important job to do and shouldn't need to worry about being under constant surveillance and scrutiny 24/7. Officers are good people who do good jobs, but if they are under constant surveillance eventually someone is going to find a tiny little mistake they've made to try to nitpick over.

    Additionally, recording their every move could even present a security risk to officers' lives.
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Rand Paul (Vice Pres) 2016!!!!

  4. #3
    He argued that recording a police officer while conducting official business is not yet “a clearly established right under the First Amendment.”
    In other words: Government decides what your Rights are.


    All modern revolutions have ended in a reinforcement of the power of the State.
    -Albert Camus

  5. #4
    Quote Originally Posted by bxm042 View Post
    Police officers have a very important job to do and shouldn't need to worry about being under constant surveillance and scrutiny 24/7. Officers are good people who do good jobs, but if they are under constant surveillance eventually someone is going to find a tiny little mistake they've made to try to nitpick over.

    Additionally, recording their every move could even present a security risk to officers' lives.

  6. #5
    Quote Originally Posted by muh_roads View Post
    you know nothing, muh_roads.
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho

  7. #6

  8. #7
    Quote Originally Posted by bxm042 View Post
    Police officers have a very important job to do and shouldn't need to worry about being under constant surveillance and scrutiny 24/7. Officers are good people who do good jobs, but if they are under constant surveillance eventually someone is going to find a tiny little mistake they've made to try to nitpick over.

    Additionally, recording their every move could even present a security risk to officers' lives.
    Isn't this exactly what they do to us?
    Dishonest money makes for dishonest people.

    Andrew Napolitano, John Stossel. FOX News Liberty Infiltrators.


    Quote Originally Posted by Inkblots View Post
    Dr. Paul is living rent-free in the minds of the neocons, and for a fiscal conservative, free rent is always a good thing
    NOBP ≠ ABO

  9. #8
    Quote Originally Posted by roho76 View Post
    Isn't this exactly what they do to us?
    Ya, but I dont have anything to hide. Its for my safety, so I'm ok with it. They're looking for terrorists, not people who have jaywalked a few times
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Rand Paul (Vice Pres) 2016!!!!



  10. Remove this section of ads by registering.
  11. #9
    Quote Originally Posted by bxm042 View Post
    Ya, but I dont have anything to hide. Its for my safety, so I'm ok with it. They're looking for terrorists, not people who have jaywalked a few times
    Ya, you're gonna need to get rid of that sig line if you're gonna pull this off.

    Needs to be something like:

    "You're either with us or you're with the terrorists" - George Bush.

  12. #10
    Did bxm042 get a lobotomy recently?

  13. #11
    Quote Originally Posted by fr33 View Post
    Did bxm042 get a lobotomy recently?
    I never use the /s signal either. If that isn't sarcasm, I don't know what is. Look at the signs--his avatar, his sig and his rep.

  14. #12
    Quote Originally Posted by amy31416 View Post
    I never use the /s signal either. If that isn't sarcasm, I don't know what is. Look at the signs--his avatar, his sig and his rep.
    I was being sarcastic about the lobotomy as well.

  15. #13
    Quote Originally Posted by bxm042 View Post
    Police officers have a very important job to do and shouldn't need to worry about being under constant surveillance and scrutiny 24/7. Officers are good people who do good jobs, but if they are under constant surveillance eventually someone is going to find a tiny little mistake they've made to try to nitpick over.

    Additionally, recording their every move could even present a security risk to officers' lives.

    BMX says it better than the idiot bootlickers ever could.

  16. #14
    Score a big one for the home team.

  17. #15
    Quote Originally Posted by aGameOfThrones View Post
    you know nothing, muh_roads.
    Yeah I guess I should've looked at his giant green rep bar.

    I can't keep up with u guys here. Too much glass is half-empty around these parts.



Similar Threads

  1. Replies: 35
    Last Post: 05-08-2014, 12:09 AM
  2. Replies: 67
    Last Post: 12-28-2013, 04:35 PM
  3. Replies: 1
    Last Post: 03-28-2012, 04:17 AM
  4. Video Caught On Tape ABC News Reporter & Crew Gets Detained By A Police Officer
    By Immortal Technique in forum U.S. Political News
    Replies: 9
    Last Post: 04-22-2009, 04:18 PM
  5. World's nicest police officer caught on tape. 4409
    By Dripping Rain in forum U.S. Political News
    Replies: 16
    Last Post: 03-30-2009, 08:43 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •