The Commercial Appeal reported an incident that occurred on Main Street this weekend.This signage should add this statement: "But, don't you watch me. Signed, The Police"
"Twice in five days, Memphis Police officers have been accused of interfering with citizens who were using their cellphones to record police activities.
The First Amendment guarantees people the right to film public activities, civil liberties experts said Tuesday. Last November, the U.S. Supreme Court strengthened such protections when it refused to hear an appeal concerning an Illinois law that would have made it illegal to record police.
In both Memphis cases — one at a Midtown homeless shelter, the other a hip-hop gathering on South Main — those arrested were charged with disorderly conduct or obstructing a highway or passageway. Handcuffs effectively ended those recording attempts.
Civil liberties experts worry that police are using general laws to arrest people who disobey orders to put their cameras away.
“The people who are recording are winning in court. But the problem is that, out on the streets, police officers can informally order people to put their phones away or threaten them with arrest if they don’t,” said Tim Lynch, director of the criminal justice program of the Cato Institute, a Washington-based think tank.
“If they do an arrest, they come up with a charge (such as) disorderly conduct or interfering with an investigation. Those charges may be dropped over the next couple of days, but police officers have accomplished their goal of disrupting the recording.”
Hedy Weinberg, executive director of the Tennessee chapter of the American Civil Liberties Union, said, “It’s very clear that government cannot pass laws or rules prohibiting the videotaping of police officers conducting their public duties in public places.”
While Shelby County Dist. Atty. Gen. Amy Weirich generally agreed that such filming was legal, she also encouraged citizens to obey the commands of police.
'If it’s a police officer asking you not to do that, in my opinion, just do it. Just listen to them. They’re probably trying to protect the scene,control the scene,”Weirich said.' "
My comments will be simple. First to the Memphis Police Director, find a way to retrain your staff, rank and file on the First Amendment. We expect for the police to adhere to the rights of citizens as they administer law and order on our behalf. I believe you can do both...chew gum and walk, administer the law and order and respect the rights of citizens.
I find it particularly troubling that the Union and the Police Administrators were always opposed to camera in the cars or uniforms, but they utilized cameras all over the city to watch citizens. While on the City Council, I joined the former Councilwoman Barbara Swearengen Holt as she asked budget year after budget year for cameras in cars; and all we got were excuses. In fact, we don't even have cameras in our interrogations rooms. They tell us what was said and we accept the confession as "gospel". Today, technology is too advance for us to accept this standard. Many police departments our size have this technology.
We have cameras at intersections, all over downtown, and in most office building you enter. In fact, if there is a robbery at Exxon the first thing they ask for is a copy of the camera video. Yet, they don't want the same camera validating the effective and efficient police work that they deliver.
Secondly, here's my advice to Attorney General Amy Weirich. You are the County's advocate to make sure justice is administered for our public safety. We depend on you to make sure our voices are heard to convict the "bad guys" and make sure the "police" are not the "bad guys". They should not violate the rights of citizens.
Your comment troubled me. What kind of double talk are you doing in this situation?
"If it’s a police officer asking you not to do that, in my opinion, just do it.Just listen to them. They’re probably trying to protect the scene, control the scene,” Weirich said."Sorry, your statement encourages them to continue to violate our constitutional rights and such advice may makes us vulnerable to future lawsuits from those who are violated. In situations where there is not imminent danger, which did not appear to be this case, these officers may have violated their first amendment rights to limit these citizens from using their cell camera devices. This could also be an illegal seizure which is another violation of someone's constitutional rights.
I expect you to protect the rights of your public, and we are members of your public. I support our men and women in blue and understand the complexity of their jobs. I have relatives on that force and I pray for him and their safety. However, we want to them to do their jobs within the boundaries of the law, and not be our "City's Bullies". I support public safety officials in getting their benefits and raises and did not hesitate to say that to City officials. But, I do not support them in violating the rights of others. In fact, if you do your job well, you really don't care who is recording it.
Just remember, Officers, we too, sing America and expect you to protect and serve with honor and distinction.
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