What is the law on audio and video recording the police in West Virginia?
Do I need their consent if the are in a public place?
Need this put in simple terms, yes or no and the simple reason.
- FreedomLv 47 years agoBest Answer
"Recording police with your smartphone is a Constitutional right, says DoJ" (Department of Justice)
"In his complaint, Mr. Sharp alleged that on May 15, 2010, Baltimore City Police Department (“BPD”) officers seized, searched and deleted the contents of his cell phone after he used it to record officers forcibly arresting his friend." "On January 10, 2012, the United States filed a Statement of Interest in this matter. In that statement, the United States urged the Court to find that private individuals have a First Amendment right to record police officers in the public discharge of their duties, and that officers violate individuals’ Fourth and Fourteenth Amendment rights when they seize and destroy such recordings with out a warrant or due process."
"First Amendment principles and federal case law “unambiguously” establish that private individuals possess “a constitutionally protected right to videotape police carrying out their duties.”); Smith v. Cumming , 212 F.3d 1332, 1333 (11th Cir. 2000)
"Supreme Court rejects plea to ban taping of police in Illinois"
Chicago resident Tiawanda Moore was arrested in 2010 when she attempted to use her cell phone to record officers in a Chicago police station.
(Tiawanda) Moore had come to the station to report a sexual assault committed by a Chicago cop, and says she became frustrated when internal affairs officers allegedly bullied her and attempted to talk her out of filing the report. (Tiawanda) Moore was eventually acquitted.
"Judge enters permanent order allowing recording of police"
"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."
These are just a few examples, and whilst none are specifically from W. Virginia, the protections granted to citizens by the U.S. Constitution, and the list of Rights acknowledged in the Bill of Rights, supersede any W. Virginia state law that would seek to curtail the powers of the People.Source(s): Livin'
- honeLv 43 years ago
The STATE of Florida requires consent for anybody being recorded. There was some debate a even as back that police together with the FHP file us throughout each traffic stop and file the complete occasion with out our consent, which breaks the legislation. Possibilities are you're going to go to prison in Florida
- Vinegar TasterLv 77 years ago
In a public place you have no expectations of privacy. You can film away as long as you don't get in the way.
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- ∅Lv 77 years ago
you need the permission of ANYONE before you record them, legally speaking.
and recordings of people are inadmissible in court if the person is not informed they are being recorded.
i don't LIKE these rules myself, but there are a lot of "our rules" that i personally think need an overhaul, so i may be biased on that...Source(s): 10 years of trying to stay unbiased