By Carlos Miller
The reason police departments use designated officers to deal with the media is that these officers are usually the ones less likely to stick their foot in their mouth.
But that is not the case with the Portland police spokesman Sgt. Brian Schmautz, who is not only clueless about Constitutional law, he is clueless about his own department’s policy on dealing with citizens who videotape officers in public.
Portland police spokesman Sgt. Brian Schmautz said he believes the public doesn’t have a right to record officers’ conversations – on or off the job – without their consent.
“Just because somebody is a police officer doesn’t mean they give up their rights,” Schmautz said.
The story comes to us from The Oregonian, where reporter Aimee Green does an excellent job breaking down the police hogwash over an incident in which they harassed civilian Mike Tabor – who was standing in plain view several feet from them – when he filmed them shaking down a couple of drug suspects.
In the video, Portland officers Dane Reister and Nicholas Ragona end up not arresting the suspects, but then can bee seen walking up to Tabor and confiscating his video camera.
This hasn’t been the only such issue in Oregon.
Last month, Beaverton police arrested a 27-year-old Aloha man on accusations that he illegally recorded an officer arresting another man at a bowling alley. Ho Xent Vang recorded the encounter on his cell phone, and Beaverton police say the audio part of the recording violated state law because the officer didn’t give his consent.
In both cases, police were citing ORS 165.540, which makes it generally illegal to tape-record a conversation without first obtaining permission except in cases where a person wouldn’t reasonably expect privacy, such as at a public meeting or sporting event.
First of all, if a police officer is on duty, then he has no expectation of privacy, unless he is sitting on the toilet or something to that effect, contrary to what Portland police spokesman Sgt.Brian Schmautz said.
It’s not much different than when civilians go to work and have no say when their employer monitors their actions and words through video cameras and phone lines.
Thankfully, Multnomah County District Attorney’s Office declined to prosecute Tabor. In fact, most cases of videographers getting arrested for “illegally” recording police in public have had their cases dropped.
But Tabor wasn’t just satisfied having his charges dropped. He wants the Portland Police Bureau to draft a new policy – similar to the policy Seattle police launched earlier this year – that would remind officers that photographers and videographers have the right to document them in public.
The problem is, the Portland Police Bureau already have such a policy in place that is not even 20 years old, even though nobody on the force seems to have a clue about it.
In 1991, then-police chief Tom Potter issued a training bulletin stating that the public had the right to record video and audio of police arresting suspects in a public place. Woboril, Schmautz and Police Chief Rosie Sizer weren’t aware of the bulletin, but Tabor’s attorney, Haile, dug up it up in his research.
Haile said he wants the bureau to specify that police stops — not just arrests — can be recorded. He also wants the policy put in the bureau’s policy and procedures manual, so it won’t be forgotten.
Haile noted that Potter’s bulletin was issued shortly after Rodney King, a black man who was stopped for speeding, was videotaped by a bystander being beaten by four Los Angeles police officers. The videotape spurred widespread discussion about police brutality.
Let’s hope it doesn’t take another vicious beating to spark discussion on an issue that is so fundamentally Constitutional, it should already be set in stone.
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15 responses so far ↓
1 genewitch // Sep 18, 2008 at 1:02 AM
the end of the video gave me a sinking feeling… like when i find out that i’ve been cheated on or swindled out of money.
I’m not sure how much of the US PATRIOT act is still in effect, but there was a while where you DID have to show id if a “peace officer” requested it. However, normally, unless you are being accused of a crime, then they have no reason to ask you for your id unless you’re driving (of course). furthermore, “you need to give me your camera” is a bunch of bullshit, because now the police officer, if the guy filming refused, could say “disobeying a lawful order”
This shit is ridiculous, carlos. What can i do, seriously? Do i have to run for office or something and start making speeches about this?
2 genewitch // Sep 18, 2008 at 1:06 AM
If one were inclined to be a prick about this, one could go to the police station and request the policy that was mentioned by haile, was it? – and then carry it around with them, along with the PDF photog billorites, and a copy of the actual bill of rights. Having relevant supreme court decisions and precedents might be useful, as well. It’d be amusing for the police to ignore all of that if they decided to harass someone with that packet of info in hand.
I always double post, i’m a jerk
3 Carlos Miller // Sep 18, 2008 at 1:06 AM
What can i do, seriously? Do i have to run for office or something and start making speeches about this?
That would help, but I think the first step is, never leaving home without a small video camera.
If you notice, the cops that get punished for these actions are the ones caught on video. Not the ones caught in still photos.
4 Carlos Miller // Sep 18, 2008 at 1:12 AM
That wouldn’t be prickish at all. The only problem is, many cops can’t comprehend that type of writing.
And the cops who are smart enough to understand it, are probably not the ones harassing you in the first place.
It’s hard to educate the ignorant.
5 Maz // Sep 18, 2008 at 10:21 AM
Been looking into getting a Flip video camera myself… something with solid state memory.
6 Tom // Oct 23, 2008 at 1:41 PM
What gives these pigs the right to shove on any one let alone take someone cameras. Someone needs to go through the entire Portland police force and get rid of these corrupt cops thy lie steal and cheat the public. The police think just because they wear a uniform they can treat civilians like dirt. This is pure bullshit! Please someone do something.
PORTLAND POLICE ARE 79% CORRUPT.
7 Scott // Oct 23, 2008 at 2:23 PM
Just curious, where do you get the 79% from?
8 The Truth // Oct 23, 2008 at 6:17 PM
SGT. CLIFF BACIGALUPI 30878 IS ONE OF THE MOST CORRUPT POLICE EVER TO WALK THE FACE OF THIS WORLD. DISHONEST HE EVEN FILES FALSE POLICE REPORTS DATING FROM 2000 TO PRESENT.
EVERY ROOKIE WHO WORKED WITH BACIGALUPI IS NOW ALSO CORRUPT.
SERY 36878 HAS KILLED A MAN WORK WITH BACIGALUPI
HUGHES 45063
CLARK BADGE#unknown
PORTLAND POLICE LIE, CHEAT, STEAL, AND SOME KILL.
MAYBE CHASTMAN 36610 WILL BLOW THE WHISTLE; HE SEEMED TO BE HONEST.
TELL ME YOUR STORY! DO YOU KNOW NAMES OF OTHERS-CHANCES ARE THEY HAVE WORKED WITH SGT. BACIGALUPI
9 OneByTheCee // Oct 25, 2008 at 4:40 AM
Did you see that one cop SPIT!?
Isn’t that a ticketable offense for us mere mortals in most states?
10 OneByTheCee // Oct 25, 2008 at 4:41 AM
That same SPITTING COP is trying to block the view! How infantile. Geez.
11 Joe Anybody // Dec 4, 2008 at 10:02 PM
Hello all
I am the guy who filmed these cops and then took the issue to court. As of 12/2/08 the law that was used “on me” will no longer be used on videographers. It has been ruled by the city attorney that “people can film the police” no gray area. I have a PDF file from them posted on my website here: http://www.joe-anybody.com/id116.html
Free Speech and the power to monitor the public servants is still intact (at least in this small realm)
12 Carlos Miller // Dec 5, 2008 at 3:37 PM
Joe Anybody,
Thanks for linking to that. I will include that in a future post.
13 James Harry Schaeffer // Mar 22, 2009 at 6:31 PM
We need more citizens with video camera recording police activities. Anyone armed and able to arrest people should be happy that all arrest are recorded. If the officer acted correctly and is accused of misconduct the recording would exonerate his actions. I lived in Portland for six months in 1998. The video shows unprofessional behavior by the policemen. It should not require any policy or law for any American to recognize private citizens should be free to use their cameras in public to record any government employee who is doing his official duties. They work for the citizens.
14 MotherAndProtector // Jul 8, 2009 at 7:29 PM
The Beaverton Police are a joke, by the way. Even my neighbor who is an ex-police officer and currently FBI calls them names because they are overstaffed and over-dominant. “Some people become cops because they want to help, and others become cops because they were beaten up in high school…” he says.
But before a few months ago they were just more of a nuisance to me because of their overwhelming thirst for speeders, with multiple officers showing up for routine traffic tickets to get in on the action and their snobbish above-the-law attitude.
My husband used to ride his bike to work (he’s a creative director in advertising by the way) when we lived in Beaverton and we lived a few blocks down from the police dept. They used to drive up to him as he rode his bike to the max and pace him just staring him down as he rode… he never did anything wrong and didnt look suspicious. But that was about it, I had never had an issue before.
Most recently we had a visit, though, from DHS on a single eronious complaint claiming we had feces all over our home (which was never found) that seemed to validate bringing not only 2 DHS workers but ALSO a Beaverton Police officer with. He proceeded to interrogate me in my kitchen, making me sit down as he stood above me, claiming the spaghetti my daughter mixed with her milk and chinese noodles was not only a bio hazard, but so was having an enclosed hermit crab tank on my kitchen counter. He drove this investigation completely over a cliff ordering these two young DHS workers to document a pile of dirty laundry on the floor in my laundry room and jelly that was smeared on the inside of my fridge claiming that it was unacceptable. When I argued that I had never seen anything stating it was illegal to have an enclosed hermit crab tank in a kitchen, he stood over me and pointed his finger at me and said I was argumentative and ‘unwilling to work with them’ and asked if there was another adult he could talk to in the home. I was completely calm but reacted as dumbfounded as the accusations were.
Mind you- I am a married mother of five kiddos and I was 5 months pregnant with my 6th.
I’m also a photographer, by the way… but I’m scared to death now to video document anything here because my kids are at stake.
We live in a 5 bedroom house in an upscale neighborhood and pay more in rent than most people do. We have nice furniture and great kids.
I would love nothing more than to set up an indoor video surveilance system for the next time they come over, which should be any day now. They threatened me that they are coming back and to be watching. Im due in 5 weeks- Im figuring they will show up right about when I give birth so they catch me at my weakest moments.
15 KC // Jul 12, 2009 at 5:44 PM
@MotherAndProtector
They want you to be living in fear, the bullies always do, it’s where they draw their strength from. Please do consider having some hidden video camera to document misconduct, perhaps nestled in a plant pot on top of a cupboard with a good view of the room where they will be focused on and do most of the ‘talking’ in. Hidden by the foliage yet not obscured… It is by standing up to the thugs and bringing them down that we, collectively, can live in a better world.
Last night I was sitting at my computer in my ground floor apartment which faces a pool in the apartment complex. I noticed two cops walking by my window which is the first time I have seen cops around here in the year I have lived here and of course was instantly compelled to jump up, grab my video and dslr cameras and pop out to the patio to see what I could see. I was compelled to do this because of Carlos’s site and the desire to fight for our rights as citizens with cameras. I made it a point to say “Hello” to the officers with a large dslr hanging clearly from my neck and the video camera rolling from before I stepped outside. The video camera has a bright red led showing on the front when recording so again made a point to make that obvious to them too. They said nothing about either camera. I can’t say if Mesa’s finest were so well behaved because I was filming them, or in fairness, if they even noticed I was filming them as they were focused on talking to the very drunk and vocal gentleman who was gracing the pool’s seating area. Eventually an additional four police officers showed-up, I greeted these too. The man was hand cuffed, brought away to the car park to be questioned, I do not think this was due to my presence as I followed them, keeping a respectful distance (based off of how close I could stand while zooming in on the scene, lol) and they eventually let him go to continue his shenanigans. No harm, no foul however having said that, I know I was just lucky this time. That won’t deter me from the next time, and the time after that.
No matter what, I am determined to record any police I see doing their job (or not), wherever I am. I never leave home without both cameras on my person.
Viva la resistance!
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