First Amendment Auditors Training
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Questions and Answers

According to NRS 171.1233, what is the status of a person's right to maintain recordings of law enforcement activity if they are arrested?

  • The person's right to maintain recordings is suspended until their release from custody.
  • The person retains the right to have any such recordings, property, or instruments maintained and returned to them. (correct)
  • The person’s recordings may be confiscated, but only if they interfered with the activity.
  • The person forfeits the right to maintain any recordings, property, or instruments used to record the activity.

    • What is the primary guidance provided regarding interactions with individuals who are recording law enforcement activity but not breaking the law?

  • Leave them alone and do not engage in debates. (correct)
  • Engage with them to understand their motives and intentions.
  • Ask them directly what their purpose is, and record video while doing it.
  • Attempt to convince them to stop recording, by any means necessary.

    • If an individual recording law enforcement activity begins to interfere or obstruct the activity, how should law enforcement officers proceed?

  • Officers should simply record them, and not intervene in any way.
  • Officers should ignore their interference so they do not escalate the situation.
  • Officers should treat them the same as any other citizen committing a crime. (correct)
  • Officers should verbally warn them and ask for a supervisor for guidance.

    • What is the main principle emphasized in the training regarding the legal rights of individuals attempting to record law enforcement activity?

    <p>Their rights are applicable as long as their actions do not interfere or obstruct law enforcement activity. (D)</p> Signup and view all the answers

    Aside from NRS 171.1233, what additional training is referenced that may be relevant to interacting with 1st Amendment auditors?

    <p>SOP 301.3 which covers public demonstrations and the 1st amendment. (C)</p> Signup and view all the answers

    According to the content, what action is explicitly prohibited for a peace officer when a person is recording a law enforcement activity?

    <p>Destroying any recorded image of a law enforcement activity without a court order. (A)</p> Signup and view all the answers

    Which of the following best defines 'law enforcement activity' according to the provided text?

    <p>Any activity performed by a peace officer while under the color of law. (A)</p> Signup and view all the answers

    A person is recording an interaction with a sheriff, and the sheriff seizes the recording device and deletes all images without a court order. According to the content, which clause has the sheriff violated?

    <p>Unlawfully seizing property or instruments used to record a law enforcement activity. (C)</p> Signup and view all the answers

    According to the provided content, what is the meaning of 'record' in the context of law enforcement activity?

    <p>To capture moving or still images, sound, or impressions through any recording device or notes. (D)</p> Signup and view all the answers

    If a peace officer commands a person to stop recording a law enforcement activity, and that person is otherwise legally authorized to record, what kind of violation is the officer committing?

    <p>A violation of interfering with recording, specifically by commanding them to cease. (A)</p> Signup and view all the answers

    A peace officer stops someone solely because they recorded a law enforcement activity. According to the content, this action falls under which prohibited behavior?

    <p>A violation of preventing interference with recording of law enforcement activity. (C)</p> Signup and view all the answers

    A news reporter is live streaming an event involving law enforcement. According to the content, is this included in the definition of 'record'?

    <p>Yes, the live streaming of an event using a recording device falls within the meaning of record. (A)</p> Signup and view all the answers

    If a police officer threatens to arrest an individual for filming them, this action is a violation of which part of the provided content?

    <p>The prohibition against threatening a person for recording a law enforcement activity. (A)</p> Signup and view all the answers

    Flashcards

    1st Amendment Auditing

    The right to film or record law enforcement activities in public.

    NRS 171.1233

    Nevada law that protects the right to record law enforcement activity in public.

    1st Amendment Auditor

    A person who records police activity, often to document potential misconduct.

    Engaging with Auditors

    Avoid engaging in arguments with auditors. Focus on professionalism and de-escalation.

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    Treating Auditors

    Treat 1st Amendment auditors like any other citizen, following the law and using appropriate protocols.

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    Record (in the context of law enforcement)

    The act of capturing or trying to capture any moving or still image, sound, or impression using a recording device, camera, or any other device that can capture audio or moving or still images.

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    Peace officer

    A person authorized by law to enforce the law, like a police officer.

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    Law enforcement activity

    Any action taken by a peace officer while acting under the authority of the law.

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    Peace officer preventing recording

    A peace officer cannot stop someone from recording a law enforcement activity.

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    Peace officer threatening recording

    A peace officer cannot threaten someone for recording a law enforcement activity.

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    Peace officer stopping recording

    A peace officer cannot command someone to stop recording a law enforcement activity if the recording is legal.

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    Peace officer stopping or searching for recording

    A peace officer cannot stop or search someone simply because they recorded a law enforcement activity.

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    Peace officer seizing recording equipment

    A peace officer cannot illegally seize or destroy recording equipment or recordings.

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    Study Notes

    First Amendment Auditors

    • Training was provided on 1st Amendment auditors
    • Reno had difficulties with these auditors in the past year
    • A video by an auditor who visited dispatch was shared
    • NRS 171.1233 (effective 2020) addresses recording law enforcement activity

    NRS 171.1233

    • Non-arrested individuals can record law enforcement activity and keep recordings
    • Arrestees retain the right to recordings
    • Recording shouldn't interfere or obstruct law enforcement
    • Peace officers can't interfere with lawful recording:
      • Intentionally preventing or trying to stop
      • Threatening the person
      • Forcibly seizing recording equipment or materials
      • Forcibly stopping the recording session
      • Unlawfully confiscating any recordings
    • "Law enforcement activity" means any action by a peace officer

    Advice for Interactions

    • Auditors often try to draw into arguments
    • Avoid engaging in debates
    • If auditors aren't breaking the law, leave them alone
    • Treat them as any other citizen if they are breaking the law
    • Remain professional, be aware of legal authority, and know your rights

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    Related Documents

    Nevada Law Enforcement Recording Training PDF

    Description

    This quiz covers the principles and laws related to First Amendment auditors, focusing on NRS 171.1233 and the legal rights surrounding the recording of law enforcement activities. It provides insights into best practices and key advice for interactions with auditors. Test your knowledge on these important legal provisions and effective response strategies.

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