Is This Illegal?

[.cOLt.45.]

Ok today there was a pep rally. We were sitting in the top of the stands and could see the parking lot. We see some kid get thrown into the back of the patrol car. Seconds later the fucking idiot kicks the window out. So I was recording and I went down in to the parking lot after the pep rally. I'm recording and the cop starts yelling at me. Is it illegal to record it or can they do anything to me?

I'm guessing not but some cops are pricks.

[chinamon]

i dont know about the photography laws in germany but here in canada, as long as you are on public property and the police are as well, you have a legal right to photograph the incident. however, if they tell you no it might be in your best interest to oblige.

[Geiseric]

I can't remember in what state it was, but last year the police won a case saying they could arrest a citizen for recording an arrest. It was so long ago that I don't remember if it was challenged or not. Dig around a bit, it was big news back then.

[chinamon]

I can't remember in what state it was, but last year the police won a case saying they could arrest a citizen for recording an arrest. It was so long ago that I don't remember if it was challenged or not. Dig around a bit, it was big news back then.

here is a .pdf about photographers rights in america.
http://www.krages.com/ThePhotographersRight.pdf

i will quote a bit of it so you dont have to read all of it...

The general rule in the United States
is that anyone may take photographs
of whatever they want when they are
in a public place or places where they
have permission to take photographs.
Absent a specific legal prohibition
such as a statute or ordinance, you are
legally entitled to take photographs.
Examples of places that are traditionally
considered public are streets,
sidewalks, and public parks.


Despite misconceptions to the contrary,
the following subjects can
almost always be photographed lawfully
from public places:
accident and fire scenes
children
celebrities
bridges and other infrastructure
residential and commercial buildings
industrial facilities and public utilities
transportation facilities (e.g., airports)
Superfund sites
criminal activities
law enforcement officers

[.cOLt.45.]

Well actually china im back in the states. We were in the school parking lot.

[chinamon]

Well actually china im back in the states. We were in the school parking lot.

private property.
if the cop said no then do as they say. dont argue cuz im sure whoever is in charge at the school would say "if the police said no then im gonna say no as well".

edit: however, if you were standing on the sidewalk (which is public property) and you were taking pics of whatever was happening on private property that would be okay. Edited November 2, 2007 by chinamon

[.cOLt.45.]

yeah. I stopped recording due to the fact that i was on school property...and nothing much was going on haha

thank though guys

[BrotherBuford]

Is the school public or private? If it's public they can't legally stop you.

[.cOLt.45.]

Oh really!?

It was a public school...

[chinamon]

Oh really!?

It was a public school...

i never knew that made a difference.
cuz here in toronto, even if the name of the school said "public school" it is still owned and operated by the board of education which makes it private property.

[kornkitten42]

I know that even though school is public propery that if it's after hours you can still get fined for trespassing on the grounds.
As for it being during school hours not too sure about that. But do as they say, they were probably just trying to do damage control. that's all.

[TheScotsman]

I can't remember in what state it was, but last year the police won a case saying they could arrest a citizen for recording an arrest. It was so long ago that I don't remember if it was challenged or not. Dig around a bit, it was big news back then.

The sticky part is the audio portion, if they stretch the meaning of the law they can use a wiretap statute to say you are recording their voice without disclosure. I had the "honor" (see sarcasm) of sitting on a jury where a lady was charged with that, among other things, for videotaping the arrest of her son's friends. Based on Jean vs Mass state Police, and a federal court ruled it IS legal to video tape police, or other government misconduct without any consent, or disclosure, and the broadcast, or disemination of that recording is covered as a free speach right.

If you were close, in any way getting in the way, or adding to the disturbance they can make life suck. From a distance, they have no legal action against you... But knowing the general mentality (or lack thereof) of the average cop I would do it completely covertly. Never know when some jackboot is going to beat the crap out of you for "resisting"... or when they "find" contraband in your pockets even though they busted you for streaking.

Man, can you believe I got stuck on a jury not once, not twice, but 3 damn times in the last 5 years, even though I made my thoughts of the pigus corpum capre completely clear. you should have seen the other people on the jury, never trust your future to that system! One damn bridge-bum could have nearly doubled the collective IQ of the pool.

[TheScotsman]

Well actually china im back in the states. We were in the school parking lot.

private property.
if the cop said no then do as they say. dont argue cuz im sure whoever is in charge at the school would say "if the police said no then im gonna say no as well".

edit: however, if you were standing on the sidewalk (which is public property) and you were taking pics of whatever was happening on private property that would be okay.

If the cop said no, do it from a distance covertly. When cops are allowed to act without scrutiny, or public oversite then it's time to find a new place to live.

[.cOLt.45.]

lol well they werent actualy doing anything...just sorta standing and talking. either way i got out of the way. wouldnt want my future ruined because i felt like recording some dickheads standign around talking

[Geiseric]

While there is every reason to be upset at the current state of affairs, be it the stratification, the revolting blind patriotism of our fellow citizens, or the blood-thirsty militarism of our wealthy leader, I see no reason why that should coenside with any of us leaving. I always get so pissed off when someone tells me to leave if I hate it here so much. This is as much my place to live as it is anyone else's. Not that I disagree with you, Scotsman, in that the police should not be able to operate with observation. I just think they've long since overreached their bounds.

[TheScotsman]

I always get so pissed off when someone tells me to leave if I hate it here so much. This is as much my place to live as it is anyone else's.

I have heard that from way too many "plastic patriots" myself. I usually point out the meaning of democracy, and that their comment would tend to make me believe they have fascist tendencies. Although I often doubt their ability to understand the logic, one could make the point that if a bunch of disgruntled old white guys had their views in 1776, things would have been much different.

the gov't police state appears to have begun with the "new deal" of FDR, and grown exponentially ever since.

[lemmiwinks]

Edited for stupidity Edited November 5, 2007 by lemmiwinks

[Geiseric]

Read the post again.

[lemmiwinks]

Ah right right, misread it. My bad.

[ghostofdavid]

Keep that thing on! Don't turn it on because some dude with a badge says so. He is a cop but that does not make him an expert on the law. Too many people have been farked over by trying to get legal advice from a cop.

Do not be intimated by them if you aren't doing anything wrong.

[btuner]

it might be a public school but in no way is it public property. random people cannot just come and walk onto campus for no reason just because its a "public" school.