Man Files Federal Complaint Against NJ Cops For Confiscating Camera

A New Jersey man who had his camera confiscated after photographing a police jerseycitychief.jpgparking lot from a public street has filed a federal complaint.

Anthony Hardy, 46, was taking pictures of a Jersey City police parking lot in January 2011 looking for possible violations with the police vehicles.

Last month, he filed his complaint with the U.S. Attorney General's Office's Civil Rights Division.

According to the Jersey Journal:

He says he was on the sidewalk photographing "non-duty cars" driven by police department employees that he believed had violations such as single license plates, tinted windows or windows partially blocked by PBA shields or placards.

Hardy said when an officer approached him he explained as much before walking toward his car and realizing the officer was following him. He says he went back to "alleviate any concerns," but the officer summoned additional units.

The officer "demanded identification which was produced due to an imminent threat of arrest," Hardy says, adding that he was surrounded by five officers, "all engaged in attempts to fabricate pretenses for arrest."

Hardy said he reiterated that he was only photographing non-duty vehicles to document violations, but a supervising officer arrived and said he "would be arrested if I did not surrender my camera."

Hardy handed over his camera to avoid arrest.

Now police, who were so vocal against Hardy as they violated his rights, have refused to comment on the issue.

I had my own adventure in Jersey City a couple of years ago.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com

Comments

Catching violations like that are actually acted upon with most RCMP. Single plates are legal in Alberta, but tint is enforced all the time.

Since tinting laws vary from state to state, can you be cited in one state even though the tint is legal in the state in which the vehicle is registered and licensed? If so, how are you supposed to know what's legal and what's not when you drive from state to state? Just curious.

If the tint was factory-applied, you should be good in any state because that falls under federal purview, not local. If it was applied after first-sale, you must conform to the laws of the state in which you are operating the vehicle.

IANAL

joe

Citizens have a right to record police.

Citizens are sometimes arrested under eavesdropping laws that were designed to prevent the surreptitious recording of a conversation. But does a police officer have a reasonable expectation of privacy while he's doing his job? And how surreptitious can it be when the camera is in full view?

The cases involving videos of officers generally don't involve brutality or overt misconduct. More typically, citizens are documenting their own or friends' exchanges with police; they want something on the record.

Arresting citizens and confiscating videos can mean the violation of three different constitutional guarantees. Gathering information about public employees is protected by the First Amendment, while confiscating recordings can violate the search and seizure clause of the Fourth and the equal protection guarantee of the 14th Amendment. That's quite a trifecta.

That's why it was so heartening to see the U.S. Department of Justice step up in federal court last month in the Sharp case, clearly signaling its opposition to the practice of arresting citizens with video cameras.

"The right to record police officers while performing duties in a public place, as well as the right to be protected from the warrantless seizure and destruction of those recordings, are not only required by the Constitution," the department wrote to the U.S. District Court in Maryland. "They are consistent with our fundamental notions of liberty, promote the accountability of our government officers, and instill public confidence in the police officers who serve us daily."

Just as police officers use technology to watch citizens, including patrol car cameras, traffic light cameras and radar to track speeding, the public has a right to monitor the work of officers on the public payroll.

Like it or not, everything we do in public can be recorded, posted and distributed around the globe in seconds, and no ordinance, state law or department policy is going to change that. The world is watching.

http://www.usatoday.com/news/opinion/forum/story/2012-02-07/police-video...

joe

Chicago's audio recording law comes under fire.

Springfield, Ill. — Tiawanda Moore didn't think she was doing anything wrong when she took out her smartphone and started recording a conversation with two Chicago police officers she says were trying to stop her from filing a sexual harassment complaint against one of their colleagues two years ago.

Moore was promptly arrested and charged with violating a strict Illinois eavesdropping law that bars audio recordings unless all involved parties agree to it. Moore, then 20, spent more than two weeks in jail and faced up to 15 years in prison.

In Illinois, documenting life in the era of smartphones and YouTube can result in felony charges. The little-known law could draw more attention come May, when thousands of protesters and journalists are set to descend on Chicago for the NATO and G8 summits and someone unknowingly may try to record a clash with police.

Some state legislators say it's time to rewrite the law, which faces state and federal challenges. Illinois Attorney General Lisa Madigan has asked the state Supreme Court to address whether it is constitutional.

Lawmakers want to include an exception that allows people to record police as they are doing their jobs.

"I don't believe there is an expectation of privacy for public officials on public property doing public duties," said the bill's sponsor, Rep. Elaine Nekritz, D-Northbrook.

Most states allow anyone taking part in a conversation to audio record it, a policy known as one-party consent. A dozen states require both sides of a conversation to agree. Illinois has an unusual version of the second type, requiring all parties in a conversation to consent. The law, enacted in 1961, only applies to recording conversations, so it is legal to record an event with the sound turned off or an event in the distance in which voices cannot be heard.

The law also includes a narrow exception for radio and television recordings made in public where conversations may be incidentally heard over the main broadcast. But that wouldn't preclude police from arresting a citizen who records audio from an event on a cellphone, as they may not be protected under traditional interpretations of freedom of the press.

http://www.cbsnews.com/8301-505245_162-57372388/audio-recording-law-unde...

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