Search Results for: 54953.5(a) recording – Page 4

A&A: Can I use audio clips of solicitors refusing to be interviewed?

Q: I’m a journalist at a radio station doing a story about people who are soliciting money pledges for various causes on the local university campus, outdoors, in public.   I approached them with a recorder, identified myself as a radio reporter and started asking them questions. Their response was, “I dont want to answer any questions!” Is it legal to include that audio clip in my story, which would air on the radio? Or am I not allowed to, since they did

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Police Transparency Legal Compendium

police transparency guide open records Police Transparency Guide Download Police Transparency Guide Police Transparency Legal Compendium – Table of Contents The First Amendment Coalition is an award-winning, nonprofit public interest organization dedicated to advancing free speech, more open and accountable government, and public participation in civic affairs. Police transparency legal compendium Records that Can Be Obtained Under California Penal Code Section 832.7(b) In 2018 the California Legislature enacted S.B. 1421 which amended Penal Code section

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California Assembly gets tough on taping during sessions

Is it a matter of “decorum,” or does the California Assembly have other reasons for enforcing a rule that prohibits reporters from using cameras and microphones without permission from the Speaker’s office? Sept. 3, 2010 By Jim Sanders The Sacramento Bee The California Assembly has begun enforcing a dusty rule in which the media can watch lawmakers debate public policy on one condition: Turn off the video cameras and microphones. Sergeants-at-arms, in a broad push

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A&A: Can I access recordings made by the LA Dept. of Animal Services?

Q: Does a request for public records of public hearings of department of Animal Services include tape recordings of hearing made by hearing examiner? A: As you may know, under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) — are presumed

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FAA delays release of Marine jet crash tape

Deferring to the military, the Federal Aviation Administration will not release the recording for the crash of a Marine Corps airplane that killed four until Feb. 27 when the Corp finishes their investigation. News agencies are seeking the recording to determine why the crippled jet flew over a densely populated area rather than to an alternate landing site over the ocean. -DB

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Federal experiment proceeding with video cameras in courtrooms

A movement to improve the transparency and openness of federal courts is gaining momentum with video cameras recording at least six civil trials courts authorized under the experiment. There is also evidence of progress in several states in preparations for recording court proceedings. -db From a commentary for the Citizen Media Law Project, October 17, 2011 by Eric P. Robinson. Full story

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Pennsylvania wiretap law runs up against First Amendment

An auction company president filed a federal  lawsuit against two Franklin police officers for violating his First Amendment rights when they threatened to arrest him if he did not stop recording their conversation. The officers based their threat on Pennsylvania’s wiretap law that forbids recording conversations unless everyone agrees to it.-db From the Pittsburgh Tribune-Review, October 21, 2011, by Brian Bowling. Full story

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A&A: How long are routine County surveillance records archived?

Q: I have been fighting a speeding ticket for over the past year. After an initial failed CPRA request, I was able to retrieve dash-cam footage of the incident. However, upon review the County sent me footage from the wrong incident. The data that indicates the date and time of the footage was left out, perhaps intentionally. I am still attempting to retrieve the proper footage to pursue my case. Do you know how long

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First Amendment victory in federal appeals decision on filming police at work

Police in Massachusetts use the state’s wiretapping law to arrest citizens recording video of arrests and other law enforcement activities. But the First Circuit U.S. Court of Appeals ruled last week that since the recording of an arrest was not done secretly, the wiretapping law did not apply. The court upheld the citizen’s First Amendment right to film a police arrest using what the citizen thought was excessive force. -db From a commentary in techdirt,

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A&A:City Surveillance Cameras and Public Records Law

Q: Are city-owned and operated surveillance camera recordings of public areas subject to disclosure in accordance with the California Public Records Law? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) — are presumed to be open to the public

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Federal Judge restricts videographing police

A federal judge ruled that the First Amendment does not give citizens the right to film or photograph the police. (RT, February 25, 2016) The American Civil Liberties Union announced that they would appeal the ruling that police could stop the recording of their activities “unless a videographer announces the recording as an act of protest or a challenge to officers.” But an ACL”Video does not always show police officers are misbehaving, but without it,

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Police Transparency Guide Compendium

Police Transparency Guide Legal compendium Legal Compendium Download Police Transparency Guide Table of Contents  Police Transparency in California: A Legal Compendium  AUTHOR Tenaya Rodewald Sheppard, Mullin, Richter & Hampton 379 Lytton Avenue Palo Alto, CA 94301 TRodewald@sheppardmullin.com Last updated September 2020 Introduction Two bills passed the California Legislature in 2018 that significantly broadened the public’s right of access to information about state and local police officers.  One, Senate Bill 1421, substantially increased the public’s right

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Free speech: Illinois eavesdropping law declared unconstitutional

The Illinois Supreme Court held that a state eavesdropping law negated free speech and due process in throwing out the statute. The court wrote that the law criminalized the recordings of conversations that were obviously public including street arguments, political debates on college campuses and fans yelling at athletic events. (Reuters, March 21, 2014, by Eric M. Johnson) A plaintiff in one of the cases before the court spent almost two years in jail for

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Body cameras on police could improve law enforcement

Potentially it’s a gain that police in many locales are equipped with body cameras, but there are no assurances that the public will benefit given police claims that the recordings are not part of the public record. San Diego police have denied newspapers’ requests for recordings under the California Public Records Act. One study shows that many forces across the country find ways of evading transparency with claims of missing tapes, broken cameras, failures to

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California school district adopts changes to comply with open meeting law

To comply with California’s open meetings law, the Brown Act, the Fillmore Unified School District board of trustees changed its policies on banning recording of its meetings and their requirement that speakers to the board provide an address before making comments. -db m.vcstar.com August 4, 2010 By Cheri Carlson Fillmore Unified School District trustees have made some changes to comply with the state open-meetings law. The district received a warning letter from the Ventura County

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Orlando: News outlets contesting blocked access to Pulse shooting 911 recordings

The FBI is blocking public access to records from law enforcement agencies who responded to the Pulse nightclub massacre in Orlando. An FBI letter advises agencies to deny inquiries and to notify the FBI of requests so the FBI can act to stifle transparency.  (Orlando Sentinel, June 29, 2016, by Christal Hayes) Even though for decades Florida has routinely provided 911 records to the public, Orlando police have refused to produce the 911 calls made

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Court rules block public access to legal proceedings

Senate conservatives are joining Democratic colleagues in pushing the U.S. Supreme Court to televise oral arguments. The Judiciary Committee approved a bill requiring live broadcasts. The Court presently releases same-day audio for major cases. (Fox News, July 13, 2021, by Chad Pergram) A North Caroline reporter was sentenced to five days in jail and reprimanded for recording a murder trial. Mathew Sasser and his editor thought that it was only impermissible to use a cell

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Videotaped of open meeting and reproduction

Videotaped of open meeting and reproduction Q: Re: CPRA request for audio taped record of open meeting: I have submitted a request for copies of tapes made of 3 open hospital board meetings, held within 3 weeks of each other. I submitted the request well before 30 days had passed from the first meeting, and before the minutes had been transcribed or approved by the board (in fact, the minutes have not yet been published

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Miami Beach police allegedly confiscate video of police shooting

After Miami Beach police shot and killed a suspect on a public street, they allegedly confiscated a video devise from a witness Narces Benoit and roughed up him and his girlfriend in the process. The police said Benoit was seized as a witness and denied that they stomped on his cellphone. Free press supporters say unless Benoit had posted it on YouTube, the public would never have known the details of the police shooting since

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Federal court administration justifies banning smart phones from courts

Smartphones could be used to provide instantaneous online updates of court proceedings but the federal court administration sees dangers in allowing smartphones in court buildings. The Administrative Office of the Courts want to ban smartphones not just because they could conceal non-metallic bombs but also for the potential harm to court proceedings through secret recording. The office issued an 8-page memo on the topic saying, “Reasons above and beyond terrorism to restrict the devices from

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