1. The document discusses the constitutional right of citizens to film police under the First and Fourth Amendments and examines several court cases establishing this right. 2. It outlines concerns that police and citizens have regarding citizens filming police, such as officer safety versus deterring misconduct. 3. The document provides an overview of federal and state wiretapping laws and notes that some states require all-party consent to audio record conversations, posing legal risks for citizens who record police without consent.

1. WHO WATCHES THE
WATCHMEN?
Understanding a Citizen‟s Right
to Film the Police

2. What Could Go Wrong?
• 2007- Simon Glik, a lawyer, filmed police forcefully
arresting a teenager in Boston. Glik was arrested for
aiding the escape of a prisoner, disturbing the peace,
and felony wiretapping. Charges were eventually
dropped but his arrest made finding a job difficult. He
sued for damages and won.
• 2010- Anthony Graber, while riding a motorcycle, was
forced off the road by a car. A man jumped from the
car pulled his gun and demanded that Graber
dismount before identifying himself as a cop. The
interaction was caught by Graber‟s helmet camera and
he posted it online. He faced 16 years imprisonment
and his home was searched and property seized.

3. Constitutional Right to
Record
First Amendment- Protects Freedom of Expression
• Freedom of speech and of the press
• The right to gather and disseminate information of
public interest (Stanley v Georgia, Bartnicki v Vopper )
Fourth Amendment- Protects Right to Privacy
• Protects citizens from unreasonable, unwarranted
search and seizure
• Protects citizens from government action

4. Privacy v Transparency
Police Concerns Citizen Concerns
1. Officer or Witness Safety 1. Necessary Evidence
1. Efficient Investigations 1. Deterring Police Misconduct
1. Accurate Evidence 1. Direct Civic Participation
1. Personal Offense 1. Police Legitimacy

5. “Contempt of Cop”
• Obstruction
• Interference
• Disorderly Conduct
• Failure to Obey an Officer
• Resisting Arrest

6. Wiretapping and the 4 th
1928- Olmstead v United States- Tapped a home phone
• No search had occurred since there was no physical trespass
• The interception of a conversation was not a seizure, since it‟s
not tangible
1967- Berger v New York- Bugged an office
• 4th protects conversations
• Therefore, capturing conversations constitutes a “Search"
1967- Katz v United States- Tapped a phone booth
• 4th protects “People not Places”
• Established “Reasonable Expectation of Privacy”

7. Federal Wiretapping Law
1968- Title III of the Omnibus Crime Control and Safe
Streets Act (Wiretapping Act)
• Prohibits the unauthorized, nonconsensual interception
of "wire, oral, or electronic communications" by
government agencies as well as private parties
• Establishes procedures for obtaining warrants to
authorize wiretapping by government officials
• Regulates the disclosure and use of authorized
intercepted communications by investigative and law
enforcement officers

8. Wiretapping Statutes
Federal
• One party consent
• Up to five years in prison
State
• One or two-party consent
• Twelve states-California, Connecticut, Florida, Illinois,
Maryland, Massachusetts, Michigan, Montana, Nevada,
New Hampshire, Pennsylvania, and Washington-require
the consent of all parties for you to record a conversation.
• Open or concealed
• Reasonable expectation of privacy

9. The Big Offenders
• MD: Unless taking part, conversation is necessarily
private
• Only record if taking part and all parties consent
• MA: If concealed, recording is illegal
• Only record if open and all parties consent
• IL: Expectation of privacy is irrelevant
• Only record if all parties consent
• WA: Privacy exception for police
• All-party-consent requirement does not apply when a police
encounter is recorded, police have diminished expectation of
privacy

10. Sousveillance
Is it worth it?
• Are you a journalist, citizen activist, citizen journalist?
• If not…
• Arrested
• Jail, fine
• Trial
• Legal fees
Where Am I?
• State laws
• Private place or public place, private property
• Private conversation or public conversation
How will I?
• Open or concealed
Do I need audio?
• Photos not subject to wiretapping laws

11. 7 Rules for Recording the
Police
• Rule #1: Know the Law
• Rule #2 Don't Secretly Record Police
• Rule #3: Respond to "Shit Cops Say”
• Rule #4: Don't Share Your Video with Police
• Rule #5: Prepare to be Arrested
• Rule #6: Master Your Technology
• Always Passcode Protect Your Smartphone
• Rule #7: Don't Point Your Camera Like a Gun

12. Questions?
“Those of us who are public officials and are
entrusted with the power of the state are ultimately
accountable to the public. When we exercise that
power in public fora, we should not expect our
actions to be shielded from public observation. „Sed
quis custodiet ipsos cutodes‟ („Who watches the
watchmen?‟).”
- Judge Emory Plitt Jr., Harford County Circuit Court