Recording Of Officer Activity By The Public PDF

**RECORDING OF OFFICER ACTIVITY BY THE PUBLIC** **PREAMBLE:** Individuals have a First Amendment right to record police officers in the public discharge of their duties. The courts have repeatedly and firmly ruled that the First Amendment of the U.S. Constitution permits the public to record law e...

**RECORDING OF OFFICER ACTIVITY BY THE PUBLIC** **PREAMBLE:** Individuals have a First Amendment right to record police officers in the public discharge of their duties. The courts have repeatedly and firmly ruled that the First Amendment of the U.S. Constitution permits the public to record law enforcement engaged in public duties, whether in a private or public place. Some of the court cases include the following: Glik v. Cunniffe^1^, Smith v. Cumming^2^, Fordyce v. City of Seattle^3^, Jean v. Massachusetts State Police^4^, Pomykacz v. Borough of West Wildwood^5^, Robinson v. Fetterman^6^, Kelly v. Borough of Carlisle^7^. The 8th Circuit which governs Nebraska has ruled in favor of the First Amendment in Lambert v. Polk County^8^ and Angel v. Williams^9^.  **POLICY:** It is the policy of the Omaha Police Department (OPD) to respect the right of the public to record law enforcement engaged in public duties, whether in a private or public space. With the prevalence of cell phone cameras, digital cameras, etc. it is common for police activities to be recorded or photographed by individuals, as well as by the media. The right to record is not limited to streets and sidewalks, but includes areas where individuals have a legal right to be present. This includes an individual's home or business, or other private property where the individual has a right to be present.** **Officers are prohibited from threatening, intimidating, or otherwise discouraging any individual from photographing or recording police activities. **DEFINITIONS:** [Record:]  To capture a still or moving image, regardless of whether or not a simultaneous audio recording is captured. This includes, but is not limited to, recordings made on cellular telephones, smartphones, tablet computers, laptop computers, and all types of cameras whether digital or film. **PROCEDURE:** **I. Recording of Police Activities**         **II. Exceptions -- When Individuals May Not Record Police Activity** **REFERENCES:** **I. Court Cases** **II. Previous OPD Orders** **A. The previous OPD General Order is \#16-13.** **III. Other**