Segment from the article:
http://www.npr.org/2011/05/13/136171366/this-is-the-police-put-down-your-camera
Consider what happened to Khaliah Fitchette. Last year, Fitchette, who was 16 at the time, was riding a city bus in Newark, N.J., when two police officers got on to deal with a man who seemed to be drunk. Fitchette decided this would be a good moment to take out her phone and start recording.
"One of the officers told me to turn off my phone, because I was recording them," she said. "I said no. And then she grabbed me and pulled me off the bus to the cop car, which was behind the bus."
The police erased the video from Fitchette's phone. She was handcuffed and spent the next two hours in the back of a squad car before she was released. No charges were filed.
Fitchette is suing the Newark Police Department for violating her civil rights. The New Jersey chapter of the American Civil Liberties Union helped bring the lawsuit.
Wow, deleted the video from her phone. That's beyond searching without a warrant. Destruction of private property?
Unless I'm mistaken, it hasn't been established in all 50 states that it's legal to record police officers. And, I think at least one state made it a law barring such recordings - that has yet to make it through the court system where imho, it'll be struck down as unconstitutional. So, unless it's been established whether it's legal or not in NJ, this case will set the precedent for that state. (I hope she wins.)
In a few states it is legal for cops to seize cell phones without a warrant.
In a few states it is legal for cops to seize cell phones without a warrant.
and illegal to record the police
Today Indiana Supreme Court said the police can enter anywhere at will without a warrant
5-13-2011
http://www.chicagobreakingnews.com/...lice-entry-20110513,0,1713312.story?track=rss
No right to resist 'unlawful police entry'
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
"We believe. . .a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," wrote Justice Steven David. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."
David said a person arrested following an unlawful entry by police can still be released on bail and has other opportunities to protest the entry through the court system.
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking
Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to the Fourth Amendment of the U.S. Constitution.
"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."
Unless I'm mistaken, it hasn't been established in all 50 states that it's legal to record police officers. And, I think at least one state made it a law barring such recordings - that has yet to make it through the court system where imho, it'll be struck down as unconstitutional. So, unless it's been established whether it's legal or not in NJ, this case will set the precedent for that state. (I hope she wins.)
and illegal to record the police
Today Indiana Supreme Court said the police can enter anywhere at will without a warrant
5-13-2011
http://www.chicagobreakingnews.com/...lice-entry-20110513,0,1713312.story?track=rss
No right to resist 'unlawful police entry'
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
"We believe. . .a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," wrote Justice Steven David. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."
David said a person arrested following an unlawful entry by police can still be released on bail and has other opportunities to protest the entry through the court system.
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking
Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to the Fourth Amendment of the U.S. Constitution.
"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."
If the cops are in public, they should be taped like anyone else there. How is this even considered an issue?
i hope she wins millions
and illegal to record the police
Today Indiana Supreme Court said the police can enter anywhere at will without a warrant
5-13-2011
http://www.chicagobreakingnews.com/...lice-entry-20110513,0,1713312.story?track=rss
No right to resist 'unlawful police entry'
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
"We believe. . .a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," wrote Justice Steven David. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."
David said a person arrested following an unlawful entry by police can still be released on bail and has other opportunities to protest the entry through the court system.
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking
Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to the Fourth Amendment of the U.S. Constitution.
"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."
In a few states it is legal for cops to seize cell phones without a warrant.