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Analyze and Interpret Recent Issues Concerning Filming Police Officers

Emerging legal trends make it difficult to determine if and when it is appropriate to record police officers in the line of duty. With recent events bringing the issue of filming the police to the forefront of public consciousness, it is all the more imperative for police departments, private citizens and the attorneys who represent them to have a clear understanding of what is - and is not - permissible. This concise yet comprehensive overview will disentangle recent court decisions so you can determine what the legally appropriate course of action is - register today!

  • Determine whether the filming of police officers by private citizens is considered expressive content under the First Amendment.
  • Understand the legal fine line between filming police officers and taking photographs of them.
  • Recognize key areas of police department liability when citizens who record officers are arrested.

All times are shown in Eastern time

1:00 PM - 2:30 PM, Jeff Storms

  1. First Amendment Rights and Recording the Police
    1. Rights of Citizens: Extents and Limitations
    2. Expressive Content
    3. Free Discussion of Government Affairs
  2. Recent Case Law: Is Filming the Police No Longer Expressive Content?
  3. Recent Court Decisions vs. Older Ones: Overthrow of Longstanding Legal Doctrines?
    1. Gericke v. Begin
    2. Glik v. Cunnife
  4. Filming vs. Photography: Legal Fine-Lines
  5. Audio Recordings of Police Officers: Clarifying Confusion
    1. State Wiretapping Laws
    2. Reasonable Expectations of Privacy for Officers: When do They Exist?

2:45 PM - 4:15 PM, Richard D. Hodsdon

  1. Essential Liability Concerns for Police Departments: Key Lessons from Current Case Law
    1. Interference with Citizen Rights
    2. Police Prohibitions on Filming: Legitimate for Safety Purposes?
    3. Filming and Interference with Law Enforcement Operations?
    4. Search and Seizure of Cellphones and Cameras: What Officers Can and Can't do
    5. Sensitive Locations: Photography of Airports, Federal Buildings, Etc.
  2. When is Recording the Police a Criminal Activity? Are Charges Legally Appropriate?
    1. Disorderly Conduct
    2. Harassment
    3. Stalking
    4. Trespass
  3. Essential Practices, Policies and Procedures for Police Departments

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