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Your daily FTP thread: Judge rules Austin man had right to record police

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  • Your daily FTP thread: Judge rules Austin man had right to record police

    AUSTIN, Texas (AP) — A federal judge has allowed a lawsuit to proceed that alleges Austin police violated the constitutional rights of a man who was arrested repeatedly for recording officers as they made arrests.

    U.S. Magistrate Judge Mark Lane ruled that Antonio Buehler, 37, had a right to photograph and videotape the officers. Lane's order, filed Thursday, determined citizens can record officers in public places so long as they don't interfere, according to the Austin American-Statesman.

    The judge ruled that the officers in Buehler's case were not protected from allegations that they detained him and searched him without probable cause. Further, the city and its police department cannot escape liability for failing to establish a policy and for not training officers on how to proceed when they're recorded, according to the ruling.

    But Buehler's claims of excessive force and malicious prosecution when arrested in 2012 were rejected. He has been arrested on two other occasions while filming police.

    The U.S. Supreme Court hasn't ruled on the right to record officers and it has fallen on federal appeals courts to determine the law, according to the newspaper.

    The city can appeal the decision to the 5th U.S. Circuit Court of Appeals. It had sought to dismiss the civil case on the basis that filming officers is not a recognized constitutional right.

    Police officials and the city attorney's office declined comment.

    "This ruling is a clear signal to law enforcement that the public can now photograph and videotape police officers so long as they don't interfere with the officer's duties," said Buehler's attorney, Daphne Silverman.

  • #2
    Originally posted by GE View Post
    "This ruling is a clear signal to law enforcement that the public can now photograph and videotape police officers so long as they don't interfere with the officer's duties," said Buehler's attorney, Daphne Silverman.
    IMO that should never have been a question. As long as they are in public, and there is no interference, why shouldn't they be able to record it?

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    • #3
      Can't believe this was even a question.

      Comment


      • #4
        Getting videoed will piss you off. I had a customer recently video me while I tried to get his issue resolved with customer service.. I wanted punch him in his gay ass face
        sigpic

        Comment


        • #5
          You have no right to privacy while in public. Isn't that what the cops say?

          Comment


          • #6
            Originally posted by Chili View Post
            IMO that should never have been a question. As long as they are in public, and there is no interference, why shouldn't they be able to record it?
            Public servant in public space. No doubt. Mind you, THEY don't have any issue recording you where ever.
            "Self-government won't work without self-discipline." - Paul Harvey

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            • #7
              Originally posted by 0393gt View Post
              Getting videoed will piss you off. I had a customer recently video me while I tried to get his issue resolved with customer service.. I wanted punch him in his gay ass face
              If you were on private property, in a private business then you could have asked them to stop. Police on a public sidewalk are a different situation.

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              • #8
                I see nothing wrong with this. If u conduct urself in a professional and courteous manner, who cares if ur filmed. Make sure u get my good side tho. Cameras have helped me far more then they have "hurt" me. I'm all for it. As long as they're not being a prick about it and trying to get in the way, then ur good.

                Comment


                • #9
                  Originally posted by GE View Post
                  AUSTIN, Texas (AP) — A federal judge has allowed a lawsuit to proceed that alleges Austin police violated the constitutional rights of a man who was arrested repeatedly for recording officers as they made arrests.

                  U.S. Magistrate Judge Mark Lane ruled that Antonio Buehler, 37, had a right to photograph and videotape the officers. Lane's order, filed Thursday, determined citizens can record officers in public places so long as they don't interfere, according to the Austin American-Statesman.

                  The judge ruled that the officers in Buehler's case were not protected from allegations that they detained him and searched him without probable cause. Further, the city and its police department cannot escape liability for failing to establish a policy and for not training officers on how to proceed when they're recorded, according to the ruling.

                  But Buehler's claims of excessive force and malicious prosecution when arrested in 2012 were rejected. He has been arrested on two other occasions while filming police.

                  The U.S. Supreme Court hasn't ruled on the right to record officers and it has fallen on federal appeals courts to determine the law, according to the newspaper.

                  The city can appeal the decision to the 5th U.S. Circuit Court of Appeals. It had sought to dismiss the civil case on the basis that filming officers is not a recognized constitutional right.

                  Police officials and the city attorney's office declined comment.

                  "This ruling is a clear signal to law enforcement that the public can now photograph and videotape police officers so long as they don't interfere with the officer's duties," said Buehler's attorney, Daphne Silverman.
                  wat?
                  "If I asked people what they wanted, they would have said faster horses." - Henry Ford

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