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Police Department Apologizes to Photographer For Rights Violation
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Apr 23, 2012 17:59:18   #
dragonfist Loc: Stafford, N.Y.
 
les_stockton wrote:
As long as they are successful in trampling Constitutional rights, the small percentage of people that resist make little difference. I'm not a fan of the ACLU, but in cases like this, I wish they were a little more aggressive like they are when a terrorist in the one they are defending.


Amen

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Apr 23, 2012 22:59:02   #
Lucian Loc: From Wales, living in Ohio
 
Iowegam wrote:
....To the chase here; do not for one second believe that just because you have a piece of paper in your hand with some statement of perceived rights, that this will protect you from an overzealous individual with a badge. Again not all are like this....

Ummmm Iowegan, no one is talking about "Perceived" rights here. We are talking about proper and legal rights. Don't understand why you twisted that to try and make others think it was "perceived" rights, when it was a photographer's proper and legal rights.

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Apr 24, 2012 22:03:19   #
wingincamera Loc: Spanaway, Washington
 
Hi Blake,
I wasn't talking about a image, but about the audio portion of it. Here in Washington you can record video or take photos from anywhere you have a right to be, but except for certain exceptions you need permission to record the audio portion of a video. Example during a normal traffic stop the audio could be recording all the time and no permission is needed. If how ever we decided we wanted to record the audio portion I would activate the mike and then advised the person that from this time forward everything that is said is being recorded, unless he/she states they do not want to be audio recorded. I never had a person say "no" but if they did I would want evidence of their refusal so they couldn't claim later the audio was erased.
This was our department's policy until 1996 when I retired. Any changes since then is unknown.

More information can be found here:
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.73&full=true
http://apps.leg.wa.gov/rcw/default.aspx?cite=19.25&full=true

However I just did one little search and see that some requirements have been changed. Here is a link to a 2003 memo of Mercer Island Police Deppartment rules (not my department).
http://www.mrsc.org/policyprocedures/m46camera.pdf


Blake wrote:
wingincamera wrote:
I don't know the law where this story took place, but in some states (like Washington) it is illegal to record a person's voice without their permission, with some exceptions (911 call centers, court order, news crews and others). Video or photos are not a problem, only if the voice is being recorded.


Depending on the states, in some state only one party needs to know that they are being recorded. However, that is not compareable to a picture. Perticularly, when ther are no specific individuals that can be identified like the photo in England. If there was one or more identifiable subjects in the image then and it was on private property then you would be correct. Do you remember The photo of the firefighter that was carrying the infant in his arms when the Muro Building was bombed? That Firefighter was just doing his job. Are you suggesting that or anyother image can not be taken and used. Please do not read this as an asult on your take on the subject but I am trying to elisit a discussion. Thank you for your Service to the country and to our community.

Blake
quote=wingincamera I don't know the law where thi... (show quote)

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Apr 24, 2012 23:12:49   #
Blake Loc: Alfred NY
 
wingincamera wrote:
Hi Blake,
I wasn't talking about a image, but about the audio portion of it. Here in Washington you can record video or take photos from anywhere you have a right to be, but except for certain exceptions you need permission to record the audio portion of a video. Example during a normal traffic stop the audio could be recording all the time and no permission is needed. If how ever we decided we wanted to record the audio portion I would activate the mike and then advised the person that from this time forward everything that is said is being recorded, unless he/she states they do not want to be audio recorded. I never had a person say "no" but if they did I would want evidence of their refusal so they couldn't claim later the audio was erased.
This was our department's policy until 1996 when I retired. Any changes since then is unknown.

More information can be found here:
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.73&full=true
http://apps.leg.wa.gov/rcw/default.aspx?cite=19.25&full=true

However I just did one little search and see that some requirements have been changed. Here is a link to a 2003 memo of Mercer Island Police Deppartment rules (not my department).
http://www.mrsc.org/policyprocedures/m46camera.pdf


Blake wrote:
wingincamera wrote:
I don't know the law where this story took place, but in some states (like Washington) it is illegal to record a person's voice without their permission, with some exceptions (911 call centers, court order, news crews and others). Video or photos are not a problem, only if the voice is being recorded.


Depending on the states, in some state only one party needs to know that they are being recorded. However, that is not compareable to a picture. Perticularly, when ther are no specific individuals that can be identified like the photo in England. If there was one or more identifiable subjects in the image then and it was on private property then you would be correct. Do you remember The photo of the firefighter that was carrying the infant in his arms when the Muro Building was bombed? That Firefighter was just doing his job. Are you suggesting that or anyother image can not be taken and used. Please do not read this as an asult on your take on the subject but I am trying to elisit a discussion. Thank you for your Service to the country and to our community.

Blake
quote=wingincamera I don't know the law where thi... (show quote)
Hi Blake, br I wasn't talking about a image, but a... (show quote)


Here in NY , as long as one person knows that they are being recorded then, the law has been satisfied

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