Law Enforcement & First Amendment Rights

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Questions and Answers

What was the basis of the appellate court's decision to find probable cause for the mother's arrest?

Obstruction charges (correct)

Failure to comply with designated recording areas

Recording law enforcement officers in public

Disobeying verbal warnings

What is the primary concern when considering an arrest for recording law enforcement officers in public?

The individual's right to free speech

The officer's privacy

Obstruction of official duties (correct)

The individual's right to bear arms

What is the recommended approach when an individual is recording law enforcement officers in public and obstructing their duties?

Issue a verbal warning and designate a recording area (correct)

Request backup to surround the individual

Confiscate the recording device

Immediately arrest the individual

What is the significance of the Glik v. Cunniffe case in relation to recording law enforcement officers?

It established the right to record law enforcement officers in public Signup and view all the answers

What is the purpose of the OGC publication discussed in the content?

To brief BSO members on the current status of a legal issue Signup and view all the answers

What is the consequence of continuing to obstruct law enforcement duties after being warned?

Arrest Signup and view all the answers

What is the primary consideration when determining whether to arrest an individual for recording law enforcement officers in public?

Whether the recording obstructs official duties Signup and view all the answers

What was Simon Glik doing when he was arrested?

Using his cell phone's digital video camera to record police officers Signup and view all the answers

What is the role of the appellate court in the case discussed in the content?

To determine probable cause for the mother's arrest Signup and view all the answers

What was Simon Glik charged with?

Unlawful audio recording and two other state-law offenses Signup and view all the answers

What was the main issue in Simon Glik's lawsuit?

Violation of his First Amendment rights Signup and view all the answers

Why did the court find no probable cause supporting the wiretap charge?

Glik had used his cell phone openly and in plain view to obtain the video and audio recording Signup and view all the answers

What happened to the charges against Simon Glik?

They were dismissed as baseless Signup and view all the answers

What was Simon Glik doing on the evening of October 1, 2007?

Walking past the Boston Common Signup and view all the answers

Why did the court find that the officers' unhappiness about being recorded did not make a lawful exercise of a First Amendment right a crime?

Because the law does not criminalize the recording of police officers Signup and view all the answers

What was Simon Glik's lawsuit under?

42 USC 1983 Signup and view all the answers

According to the 2013 legal bulletin, what should deputies do when a member of the public films them in public?

Show great tolerance and not base an arrest solely on the fact of filming Signup and view all the answers

What was the mother's son detained for in the Ford case?

Sneaking into the movies without paying Signup and view all the answers

What did the mother in the Ford case do immediately after arriving at the movie theater?

Began video and audio recording the officers Signup and view all the answers

What charges was the mother booked for in the Ford case?

Obstruction without violence and violation of the wiretap statute Signup and view all the answers

Why did the State decline to file charges against the mother in the Ford case?

The reason is not specified in the passage Signup and view all the answers

What did the mother in the Ford case allege in her lawsuit against the municipality?

That her arrest violated her civil rights Signup and view all the answers

What is a necessary condition for the mother to establish a civil rights violation in her lawsuit?

That she was arrested without probable cause Signup and view all the answers

What is an inaccurate reading of the 4th District Court of Appeal's ruling in the Ford case?

That it is illegal to record police in public Signup and view all the answers

Why did Glik stop recording video footage of the arrest?

He was concerned that the officers were employing excessive force. Signup and view all the answers

What is the fundamental principle that supports the right to record police officers in public?

The right to gather information about government officials. Signup and view all the answers

What is the significance of the First Amendment in the context of Glik's case?

It promotes the free discussion of governmental affairs. Signup and view all the answers

What is the implication of the court's decision in Glik's case?

Police officers are expected to endure significant burdens caused by citizens' exercise of their First Amendment rights. Signup and view all the answers

What is the significance of the case Smith v. City of Cumming?

It recognized a First Amendment right to photograph police activity. Signup and view all the answers

What is the common theme among the federal circuit courts' rulings?

They recognize a First Amendment right to record police officers in public. Signup and view all the answers

What is the significance of the case Fordyce v. City of Seattle?

It recognized a First Amendment right to film matters of public interest. Signup and view all the answers

What is the importance of the right to record police officers in public?

It promotes the free discussion of governmental affairs. Signup and view all the answers

In the case of Television, Inc., what was the court's finding regarding the filming of a public official?

It was highly probable that it was protected by the First Amendment. Signup and view all the answers

What was the issue in the Channel 10, Inc. v. Gunnarson case?

Police interference with a television newsman's filming of a crime scene. Signup and view all the answers

What was the outcome of the Schnell v. City of Chicago case?

The court reversed the dismissal and ruled in favor of the journalists. Signup and view all the answers

In Connell v. Town of Hudson, what was the outcome of the case?

The police chief was denied qualified immunity. Signup and view all the answers

What was the issue in the Pomykacz v. Borough of West Wildwood case?

A journalist's right to film a police officer was protected by the First Amendment. Signup and view all the answers

What was the issue in the Robinson v. Fetterman case?

A citizen's video recording of police activities was an exercise of a free speech right. Signup and view all the answers

What is the common thread among the cases mentioned?

They all involve freedom of the press and the right to film public officials. Signup and view all the answers

What is the significance of the Kelly v. case mentioned in the context?

It was hesitant to reach the same conclusion as Glik's holding. Signup and view all the answers

Study Notes

Video/Audio Recording of Law Enforcement in Public

In July 2013, the Office of the General Counsel issued a legal bulletin stating that filming of law enforcement officers in public is protected by the First Amendment.
Deputies should show great tolerance when this occurs and not base an arrest merely on the fact that a member of the public is filming their conduct.

Recent Decision by the 4th District Court of Appeal (Ford v City of Boynton Beach)

A mother was arrested for recording law enforcement officers in a public place, but the court ruled that probable cause for her arrest existed solely for obstruction charges.
The court did not address the issue of whether there was probable cause to arrest the mother for recording law enforcement officers in public.

Key Facts

An arrest should not be made merely because members of the public are recording law enforcement while performing their duties in a public setting.
However, if such recording obstructs the performance of law enforcement in their official duties, then appropriate steps may be taken to address the obstruction.
This may include verbal warnings, designating a place where individuals can stand and record, and advising them that they will be arrested if they continue to obstruct.

First Amendment Principles

The First Amendment protects the right to videotape police carrying out their duties in public.
Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs.

Case Law

Glik v. Cunniffe (2011): The First Circuit Court ruled that the First Amendment protects the right to record police officers performing their duties in public.
Other federal circuit courts have also recognized a First Amendment right to film or record law enforcement officers in public, including the 9th, 11th, and District Courts.

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Description

Quiz about the legal bulletin regarding video/audio recording of law enforcement in public spaces, protected by the First Amendment. Learn about the rights and limitations of recording law enforcement conduct.