Filming Cops And Them Taking Your Tape Or Camera

So this is a situation I found myself in a couple years ago and I have a couple of questions concerning it...

So me and 3 of my friends were filming one day and we pushed each other in a shopping cart into these hay bells outside of this store and somebody had called the cops thinking that we were trying to steal them. We get pulled over right after leaving the scene and the cops make us get out and search us and what not and tell us that they were called by somebody saying we were stealing hay bells. We tell the cops that wasn't the case at all and that we were just filming a stupid little video. The cops then search the truck, without permission, and find my camera. The cop takes the camera and asks me where the tape is, I tell him I threw it out the window and he tells me if I didn't give him the tape I was going to jail. Being 15 at the time I believed him and got the tape and gave it to him. The cops ended up letting us go but took the tape and camera with them and it didn't give it back untill my mom called the police station and requested it back. No charges were pressed.

Q: Can a police officer take my camera and tapes when its obvious that we weren't committing a crime???

Q: If a cop doesn't have the right to take my camera and I tell him that he doesn't have permission to take it but he does anyway could there be a legal issue?

Q: This question doesn't have to do with the above situation but say we were in a public parking lot filming something and a cop approaches us, do I have permission to film the officer?

A1: Well, in this case, it wasn't obvious that you weren't committing a crime. Even if it was, the cop couldn't confiscate your tape/camera just for the hell of it without a reason. If you were charged with something and he took the camera/tape as potential evidence of you committing that crime, then he'd be justified. But, the cop just taking it and keeping it for the heck of it doesn't seem right to me.

A2: Potentially, yes. However, it's highly unlikely that anything would come of it. Number one, a cop could easily trump up some slight suspicion of you committing a crime. And, it'd be likely that if the cop was involved in the first place, then you probably did something to warrant suspicion. I don't see a cop getting punished or you getting rewarded because a police officer confiscates your camera.

A3: This question came up before and I'll offer the same answer. Police officers provide a service to the public and are subject to the scrutiny and observation of those they serve. You have the right to film the police. Take the Rodney King video that incited the LA riots - someone was monitoring the police and caught them doing a disservice to the public.

Of course, everything I said here has the possibility of being incorrect. This is just my interpretation of the law. I would suggest talking to people that are professionals in the law and find out about your rights. Take everything you read on here with a grain of salt.

Sean is really good with this stuff. We had it posted here before.

Shame that cop that posted here aint around anymore.

dgodlwaski

I no in the UK you can film police and if they say turn of the camera just say that you are filming the interaction with the police so if you need to prove something at a later date you can.
but yeah, theres no law saying you cant in the UK..

also in the UK police cant search you or your bag or car without you saying that they can, and they cant arrest you for saying no either..
I dont think this applies in the USA

It does.

Logan hit me up on AIM, I deal with cops a lot. Duran is also a good person to talk too.

The thing with cops is there biggest weapon is intimidation. When dealing with cops the most important thing is to stay calm. Learn about your rights, back in the day I actually checked out books on the stuff and talked to cops and stuff.

Everyone knows cop footage is some of the most compelling, staying calm and knowing your rights is the difference between them taking or taping over your shit and you getting the best of the police.

Cops can't take your stuff without a warrant unless you give it to them, or they decide to detain you. The best thing you can do is film the whole procedure, keep that in mind while your filming because when the judge looks at the footage you want to look like the calm individual.

"Your not allowed to film a police officer, it's an invasion of (something official sounding) and you can be taken to jail"

Cops will probably say this right off the bat, a good reply is "I'm filming for news" because if you are filming something for news you can film police officers.

42nd article of the United States Constitution, 2000
(a)
(I)or(1)

Or something, I was talking to a lawyer who specialized in busting cops for acting like retards while I was on this train. He wrote it on the back of his business card so I am having trouble reading the last letter.

It's how the news gets away with showing Hg clips without crediting us and violating everyone's privacy, so it's pretty pimp to know we can actually use this clause to fuck cops over.

I don't know if I answered everything because I only read over your stuff briefly and I'm a bit out of it.

Hit me up on AIM or MSN and I can shoot you towards the people who would know if I don't have some info on it.

Edit: No disclaimer, if you get in trouble for using this info you can blame me. Only if I get to represent you in court, I've always wanted to do that.

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The secret lies with Charlotte

oh ben

yes yes YES!!

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fact is none of this matters. cops get away with everything, even when they beat up kids, theyre givin a payed vacation. I doubt anyone here hasnt had their "rights" violated by police, and I doubt anyone here did anything about it.

ive been charged more then once with somehting I didnt do and having footage of me doing otherwise wasnt enough.

duran ftw

When it comes to this shit... cops can do whatever they want and they'll likely get away with it... cause to them and everyone else you're just some punk kid.

When a cop harrasses you over filming, normally I'd say keep rolling and capture everything the cop says and does. But now with these ridiculous wire tapping laws, apparently it's illegal to film police if the audio is on.

Read here for more info on that:

http://www.prisonplanet.com/articles/june2...Wiretapping.htm

So I dont know what to say. Where I live cops are used to cameras being pointed at them and it doesn't really bother them.

But there is always some cop on a powertrip who will bend the roles to prove his point and show you who's boss.

For example:

http://nothingtoxic.com/media/1202793592/A...ly_Off_on_a_Kid

http://nothingtoxic.com/media/1203296500/A..._in_a_New_Video

If you challenge a cop like that, he's gonna break your camera along with the tape and nothing will ever come of it unless you have the money for a lawyer.

If you're under 20, the cops see you as kids and dont give a shit about your rights.

It's best to avoid any altercation with police. I used to go out when I was younger and intentionally attract police attention while at the same time not doing anything illegal. And I'd feed them the shit I saw on TV like "it's my right to film here, this is public property". It never worked, if they wanna bust you they'll always find a way.

If a cop was to approach me while I was filming some crackhead on the street, I'd just be calm, reasonable. and mildy respectful. If he told me something that I knew to be bullshit like what I was doing was illegal and he threatened to arrest me.... I'd obey his request for me to fuck off but I'd ask for his name and badge number and I file a complaint.

One thing you can always do when a cop is treating you unfairly and using scare tactics... just ask for his name and badge number.

in Canada, we can film em, but the power hungry ones are pissy about it (most of them) we would probably get a mischeif charge for the cart, and maybe disturbing the public and/or distruction of property for the hay bail. The cops are never allowed to search vehicles unless there are drugs involved or weapons, never been searched just been told to apper to court. And the record I have cause of the cops out where I live is kinda astounishing in accordance to my age, cause I live in a small town where the cops tend to do what they want.

I'd never give a cop my camera or tape. I guess if you're in the back of a car then it really doesn't matter, but if you get the fuck out of there before they are close enough to grab you, you got nothing to worry about. I'd be running (or at least have someone with the camera take off) before I'd ever give up good footage.