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Is it legal to videotape PEP/Police/Park officials?This covers audiotaping, videotaping and photographing anyon-duty NYPD/Park or PEP officer. Never turn off the camera.By law, you do not need their permissionto record them. Here are the details.Videotaping the police: Is it legal? by Robert LedermanI am frequently asked this question by artists who are being harassed by the police or who witness another artist or vendor getting asummons or being arrested. Now that the weather is warming up we canexpect police enforcement to also, "warm up."In court there is no better evidence than a videotape, photos or anaudiotape. I've used them in defending many of my 40 arrests and 60summonses cases and have never lost a case yet.If, for example, an officer claims you were too close a door, but your video shows they did not measure the distance, you will win. Likewiseif an officer cites "exigent circumstances" (an accident, a parade, afire) but your video has him telling you to pack up your stand andleave because a store made a complaint, you will win. No doubt, there are many police officers who imagine videotaping to bea crime. I've had cops threaten to arrest me under the Patriot Act for taping them, and others have forcefully tried to grab the camera.What I advise artists is to use the camera in such a way thatit does not present a threat. I've seen artists push it rightin a cops face. That kind of body language is threatening and should be avoided at all cost.Likewise reaching into a bag or fannypack for your camera and suddenly pulling it out in such a way that an officer could imagine they saw a
 
gun. That's a serious no, no.But is it legal to tape the police?The NYPD Patrol Guide, code 116-53, clearly affirms the FirstAmendment of the Constitution as it states:"Members of the service will not interfere with the video tapingor photographing of incidents in public places. Intentionalinterference such as blocking or obstructing cameras or harassing the photographer constitutes censorship. Working Press Cards clearlystate, the bearer "is entitled to cross police and fire lines." Thisright will be honored and access will not be denied. However, thisdoes not include access to interior crime scenes or areas frozen for security reasons."Both the law and the official NYPD policy as stated in the NYPD PatrolGuide is that anyone can tape record, videotape or photograph policeofficers who are working so long as they are not physicallyinterfering with them.Below are some links to prove this. At the ARTIST websiteis a link to this related document with State by State rules for taping conversations:Rules for taping conversationshttp://www.aapsonline.org/judicial/telephone.htmhttp://iwitnessvideo.info/blog/9.htmlAre you allowed to take pictures of the police?www.nyc.gov/html/ccrb/pdf/nmshldanalysis4pg.pdf "June 27, 2003: At the recommendation of the CCRB (Civilian ComplaintReview Board), the New York City Police
 
Department issued an interim order (see page 4 of this document)revising Patrol Guide procedure 203-09 (Public Contact –General). Therevision clarifies an officer’saffirmative obligation to provide upon a civilian’s request his or her name, badge number, or other identifying information."Tuesday, 23 Jan 2007 by Eileen ClancyBy law we cannot arrest someone just because he may call a cop a pig. We cannot arrest someone because he asks for a name or a badge or takes a picture.-Lorenzo Casanova, Deputy Police Commissioner, NYPD.We know that NYPD officers harass photographers for taking pictures of stuff that the police decide is "sensitive." But what if policeofficers decide that they themselves are the "sensitive" stuff?To see an example of what can happen when the police take umbrage at being videotaped, see this WCBS story showing an NYPD officialstriking a man who was videotaping the police.Can the police simply decide that it is illegal for you to tovideotape them? Do you have the right to take pictures of policeofficers at work in public places? Do you have even the limited rightto stand around and gawk at the police when they stop someone?It turns out that the rights of "onlookers" at police incidents,including photographers, in New York City have already been recognizedin federal court in a ruling that is still in effect today.In the 1970s a class action lawsuit, Black v. Codd, was brought by the New York Civil Liberties Union on behalf of reporters, photographersand onlookers who had been harassed, assaulted and/or arrested in thevicinity of police officers at work. The five plaintiffs were adiverse group: a WINS radio journalist; an Amsterdam News reporter;
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