Search Results for: 54953.5(a) recording – Page 2

‘Qualified immunity’ allows police to interfere with recording of arrest

Setting aside First Amendment protections, a federal appeals court ruled that Denver police officers had qualified immunity in attempting to delete a citizen’s video of an arrest. Qualified immunity shields the police “from civil suits unless a previous court precedent outlines a case with almost exactly the same factual circumstances.” In practice the law allows police and other government agents to escape responsibility for irresponsible actions. (Reason, March 30, 2021, by Billy Binion) For related

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A&A: City Council editing public meeting videos

Q:  I went to a Police Commission hearing to file a complaint with the police department.  I spoke from a prepared speech. No one did a thing. At the end of the meeting no one addressed my request for a proper complaint. I then asked the chief of police three times for a complaint. He had an officer escort me into an interrogation room. They took my contact information. No recording as required or the triplicate form. I go online and

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A&A: Can Local Government Hold Public Meetings in A Federal Building Where No Cameras Are Allowed?

Q: Is it legal for a body subject to the Brown Act to hold their regular meeting in a federal building where we have been told to take our cameras back to our cars? A:  As a preliminary matter, there is nothing in the Brown Act that would prevent a legislative body from holding a meeting at a location different from where the legislative body typically meets.  That said, there may be a local ordinance or

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A&A: Brown Act and Home Owners Associations

Brown Act and non-profit organizations Q: Our HOA is non-profit California Corporation and my wife last night tried to video tape a meeting that I could not make, and security told her to stop and she complied. It is my understanding that the Brown Act applies to HOA’s from this site, I believe. Is this true, did the HOA do something illegal last night in denying my wife access of videotaping? She did not make

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A&A: Urgent meeting scheduled for July 4 seemed to circumvent the public process

Q: Our municipality has filed for bankruptcy. As part of this ongoing nonsense the town officials have been doing what ever they can to be sneaky and underhanded. Recently they held a special meeting on July 4. The meeting was to transfer money from a special tax fund for a purpose specifically excluded from use by the bond measure. Since the shortfall in the fund to receive the money had been known for two months, urgency is not really a good reason for

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Documentary filmmakers face conspiracy charges for recording pipeline vandalism

A documentary filmmaker Deia Schlosberg was arrested in North Dakota for filming activists vandalizing pipelines bringing Canadian tar sands oil into the U.S. (PR Newswire, October 12, 2016) Two others were also arrested filming Climate Direct Action breaking into pipeline facilities and shutting off pipeline valves. Those arrested face charges of conspiring with the activists to commit “theft of property” or “theft of service.” The filmmakers face prison terms of 25 years. Two of the

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D.C. police adopts fair procedures for dealing with citizens’ recording

After detaining a young photographer for recording police in action at a traffic stop, the Washington, D.C. police chief ordered his department to respect the rights of the public to record at crime scenes. In the process the American Civil Liberties Union negotiated some reasonable procedures for police conduct in case they suspect a citizen’s cell phone or other recording devices contains evidence of a crime. -db From a commentary for the American Civil Liberties

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Illinois: ACLU suit seeks to allow citizen recording of police in action

The American Civil Liberties Union of Illinois is filing a federal lawsuit challenging the Illinois Eavesdropping Act that criminalizes recording public conversations without the consent of all parties. The ACLU claims that  police routinely record encounters with drivers they pull over, but drivers are not allowed to record police conversations. -db Chicago Tribune August 19, 2010 By Becky Schlikerman and Kristen Mack It’s not unusual or illegal for police officers to flip on a camera

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Can I tape record a closed session? Is the recording a public record?

Can I tape record a closed session? Is the recording a public record? Q: As an elected Trustee for a local school district, may I record closed session for my personal use (note taking)? These would not be permanent records as I would reuse the tape for the next recording. A: If you are going to seek to record the proceedings, you should disclose to everyone present (who is being recorded) that you are doing

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Secret recording of Florida police chief survives U.S. Supreme Court appeal

The U.S. Supreme Court refused to hear a Florida case involving a secret recording in a police chief’s office that allegedly violated Florida’s wiretapping laws that require all participants to agree to a recording. The 11th Circuit Court of Appeals had ruled in 2017 that since the chief did not tell the man recording their meeting that the meeting was private he had “no expectation” of privacy. (Miami New Times, June 5, 2018, by Jerry

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Florida federal appeals court rules for man secretly recording police chief

In a stunning decision, the 11th Circuit U.S. Court of Appeals ruled that a Homestead, Florida man could secretly record a meeting with the police chief since the chief did not designate the meeting as private. A Florida law requires the consent of the person being recorded, but the court found that the meeting fell under open-government expectations subject to “sunshine” provisions with “all attendees of the meeting…either public employees acting in furtherance of their

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Chicago prosecutors say Northwestern journalism students used secret recording devices

Cook County prosecutors are investigating what they say may be illegal use of secret recording devices by students in Northwestern’s Medill Innocence Project who were interviewing witnesses in a murder case. -db Chicago Sun-Times November 17, 2010 By Stefano Esposito Northwestern University journalism students probing whether a convicted murderer should be set free used secret recording devices to interview witnesses — possibly violating state law, Cook County prosecutors said Wednesday. “We’re still trying to get

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AG Opinion #99-403 Recording Conversation to Obtain Evidence of Crime (1999)

OPINION of BILL LOCKYER, Attorney General; ANTHONY M. SUMMERS, Deputy Attorney General No. 99-403 In the Office of the Attorney General of the State of California Filed July 30, 1999 THE HONORABLE GARY LIEBERSTEIN, DISTRICT ATTORNEY OF NAPA COUNTY, has requested an opinion on the following questions: 1. May a person initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person

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Letter asks Justice Department to intervene to stop harassment of those recording police violence

Citizens recording police have been arrested damaging the movement for greater transparency of police activities. The International Documentary Association has now petitioned the Justice Department to intervene to protect citizens who document police violence. (Electronic Frontier Foundation, August 25, 2016, by Shahid Bukttar) Several citizens across the country have been arrested recently including Chris LeDay who uploaded a video of the Baton Rouge Police shooting of Alton Sterling in July. LeDay spent 26 hours in

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Guam Board of Allied Health Examiners bans recording devices from board meetings

No recording devices or cell phones are allowed at the Government of Guam Board Meetings, according to a recent Guam Board Resolution. Senator Tina Muña Barnes accuses GBAHE of violating the First Amendment. -SMD Pacific News Center News July 12, 2010 By Guam News Guam – Senator Tina Muña Barnes has written a letter to Attorney General John Weisenberger seeking an opinion on the legality of a Guam Board of Allied Health Examiners [ GBAHE

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Destruction of Public Records

Destruction of Public Records Q: I’m a real estate attorney who is also a volunteer at a school district. Here is my immediate dilemma in a nutshell: Last night, the School Board acted on an agenda item to cease recording future closed sessions of their governing board. When the question was raised as to what would become of the existing audio tapes of closed sessions, the Board President announced that they would be immediately destroyed

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Opinion: Police regulation of crime scenes should not extend to content

The president of the First Amendment Center, Ken Paulson, argues that police should properly regulate the crime scene to prevent the public and reporters from interfering with police work. They run afoul of the First Amendment, though, when they tell photographers what they can shoot. “Under the First Amendment, both the press and public have a right to monitor and speak out about the performance of public officials. New technology has enhanced that watchdog role,

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