[HN Gopher] Phone conversations with law enforcement can be reco...
       ___________________________________________________________________
        
       Phone conversations with law enforcement can be recorded without
       their consent
        
       Author : jdmark
       Score  : 47 points
       Date   : 2024-04-15 19:49 UTC (3 hours ago)
        
 (HTM) web link (www.orlandoweekly.com)
 (TXT) w3m dump (www.orlandoweekly.com)
        
       | aftbit wrote:
       | > The same day as the court's ruling, DeSantis signed into law
       | two bills affecting law enforcement in Florida. Two judges on the
       | panel that issued the ruling Friday were DeSantis appointees.
       | 
       | > One new law makes it illegal after a person has been warned to
       | approach first responders or remain within 25 feet while they are
       | performing a legal duty if the intent is to interfere, threaten
       | or harass them. The new law doesn't prevent people from recording
       | law enforcement but can require them to move 25 feet back, which
       | can make it more difficult.
       | 
       | > The other requires that citizen review boards in Florida -
       | intended to provide independent oversight of law enforcement
       | actions - be re-established so that members are appointed by a
       | sheriff or police chief and that at least one member be a retired
       | law enforcement officer.
       | 
       | I wonder if the first will stand up to Constitutional review. I
       | imagine there are many First Amendment protected purposes for
       | recording that may require the recorder to be within 25 feet of
       | the officer. For example, if they're recording during windy
       | conditions and need to hear what the officer says. I also wonder
       | how the "intent" will be interpreted by courts. Probably in a way
       | that is most favorable to LEOs.
       | 
       | The second law is just a straightforward neutering of citizen
       | review boards.
        
         | qwerpy wrote:
         | > Probably in a way that is most favorable to LEOs.
         | 
         | I think this makes sense. Would be bad if every time a police
         | officer tries to stop a crime, suddenly 20 hard of hearing
         | people need to crowd around him really close in order to record
         | him. Oh look, the criminal got away again. There are situations
         | where different laws will conflict, and I hope in those
         | situations crime prevention and safety take precedence.
         | 
         | Modern phone cameras are really good and 25 feet isn't very
         | far. Seems like a good compromise so that cops can do their
         | jobs but there can be some citizen oversight.
        
           | chatmasta wrote:
           | > suddenly 20 hard of hearing people need to crowd around him
           | really close in order to record him
           | 
           | It's already against the law to interfere with an arrest. A
           | mob of people surrounding officers attempting to arrest
           | someone is already illegal, whether they have cameras in
           | their hands or not.
        
             | nomel wrote:
             | Laws that rely on an officers/departments personal reading
             | of a situation/interpretation are easily confused and
             | abused, especially when it's something as fuzzy as
             | "interference". Having clarity is nice. I personally think
             | it's fine to give an officer some sort of personal space.
             | If I were an officer arresting someone, I wouldn't want
             | someone affiliated with them standing 5 feet behind me,
             | where I would have to worry about being attacked. Not sure
             | how this works indoors though, where 25 feet would make
             | observation impossible.
             | 
             | This assumes sane body camera policies are in place, like
             | immediate dismissal if the camera/mic is turned
             | off/covered, during any part up to or during an arrest.
        
           | FireBeyond wrote:
           | I struggle to think of examples where a suspect has actually
           | ELUDED law enforcement due to citizens recording an
           | interaction or arrest, and I'd be very curious to see any
           | such thing.
           | 
           | I will agree that such recording has interfered with the
           | arrest process at times, and that is more problematic.
           | 
           | But I'm a paramedic/firefighter and often have to work on
           | patients (in an MVA, for example) in much closer proximity to
           | rubberneckers.
        
       | leggomuhgreggo wrote:
       | >law enforcement officers performing their official duties can be
       | secretly recorded because they have no expectation of privacy.
       | 
       | Sounds about right.
       | 
       | I was worried that this referred to personal conversations and
       | was about to say "dang have we gone too far?" but yeah this makes
       | sense.
       | 
       | Probably goes without saying but -- we don't want to
       | condemn/bastardize/immiserate the entire institution...
        
       ___________________________________________________________________
       (page generated 2024-04-15 23:00 UTC)