<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Do police have the right to confiscate your camera?</title>
	<atom:link href="http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/</link>
	<description>Shining a Light on First Amendment, Media and Police Issues</description>
	<lastBuildDate>Fri, 12 Mar 2010 07:12:53 -0500</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.2</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: enzo</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-20185</link>
		<dc:creator>enzo</dc:creator>
		<pubDate>Tue, 02 Mar 2010 15:20:55 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-20185</guid>
		<description>&quot;Brad&quot; wrote:

&quot;...if you have footage you just shot, you are a material witness...there aren’t too many blind cameramen out there so if you have footage, you witnessed what went down also...&quot;

This reckless supposition is nonsense, easily demolished by any good attorney.

In fact, anything captured by the camera is excellent evidence that you DIDN&#039;T witness what &quot;went down.&quot; What you saw instead was a low resolution, limited field-of-view viewfinder reproduction of what &quot;went down&quot; -- at even less than the higher resolution image captured by the camera.

Prosecutors as overreaching as &quot;Officer Brad&quot; could argue that you weren&#039;t looking through the viewfinder while shooting.

Good luck proving THAT to a jury without eliciting laughter...</description>
		<content:encoded><![CDATA[<p>&#8220;Brad&#8221; wrote:</p>
<p>&#8220;&#8230;if you have footage you just shot, you are a material witness&#8230;there aren’t too many blind cameramen out there so if you have footage, you witnessed what went down also&#8230;&#8221;</p>
<p>This reckless supposition is nonsense, easily demolished by any good attorney.</p>
<p>In fact, anything captured by the camera is excellent evidence that you DIDN&#8217;T witness what &#8220;went down.&#8221; What you saw instead was a low resolution, limited field-of-view viewfinder reproduction of what &#8220;went down&#8221; &#8212; at even less than the higher resolution image captured by the camera.</p>
<p>Prosecutors as overreaching as &#8220;Officer Brad&#8221; could argue that you weren&#8217;t looking through the viewfinder while shooting.</p>
<p>Good luck proving THAT to a jury without eliciting laughter&#8230;</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Ronny</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-20129</link>
		<dc:creator>Ronny</dc:creator>
		<pubDate>Sat, 27 Feb 2010 21:02:16 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-20129</guid>
		<description>Does anyone know what happened to the confiscated cameras/video?</description>
		<content:encoded><![CDATA[<p>Does anyone know what happened to the confiscated cameras/video?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: scratt</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-17273</link>
		<dc:creator>scratt</dc:creator>
		<pubDate>Tue, 24 Nov 2009 12:36:11 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-17273</guid>
		<description>Blair, what are you talking about?</description>
		<content:encoded><![CDATA[<p>Blair, what are you talking about?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Blair Jett</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-17272</link>
		<dc:creator>Blair Jett</dc:creator>
		<pubDate>Tue, 24 Nov 2009 12:27:38 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-17272</guid>
		<description>Scratt, If you`re refering to the BART shooting,where in the hell did you get that those people were making a snuff film? They were NOT!!!</description>
		<content:encoded><![CDATA[<p>Scratt, If you`re refering to the BART shooting,where in the hell did you get that those people were making a snuff film? They were NOT!!!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Melanie</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-14244</link>
		<dc:creator>Melanie</dc:creator>
		<pubDate>Fri, 07 Aug 2009 17:17:18 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-14244</guid>
		<description>I would donate , but I&#039;m only thirteen and my parents aren&#039;t so... open with money :S

But I give you lots of respect, if that counts for anything :].</description>
		<content:encoded><![CDATA[<p>I would donate , but I&#8217;m only thirteen and my parents aren&#8217;t so&#8230; open with money :S</p>
<p>But I give you lots of respect, if that counts for anything :].</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: bigmike</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-13609</link>
		<dc:creator>bigmike</dc:creator>
		<pubDate>Thu, 23 Jul 2009 14:45:15 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-13609</guid>
		<description>Anyone who records police encounters should set up an account at QIK so you broadcast live to a server. This way if some unfortunate accident deletes the video from memory you can access it later.

Everyone should record police encounters and be willing to go to jail for doing so.</description>
		<content:encoded><![CDATA[<p>Anyone who records police encounters should set up an account at QIK so you broadcast live to a server. This way if some unfortunate accident deletes the video from memory you can access it later.</p>
<p>Everyone should record police encounters and be willing to go to jail for doing so.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Wendigo</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12618</link>
		<dc:creator>Wendigo</dc:creator>
		<pubDate>Tue, 16 Jun 2009 04:55:51 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12618</guid>
		<description>Fascinating thread. Here is my summary.

a) Police Believers: Those who believe that, despite their faults, no police officer would ever destroy evidence that was damaging to the other officers. Officer Brad states that no right thinking officer would ever risk helping a dirty cop  but the real question is: would any officer bend the law to protect the reputation of &#039;policing&#039; as  whole? Or to help a &#039;good cop&#039; who had one poor moment of judgement?

This side honestly believes that obeying the police is both the best choice and the only real choice. 

b) Police Skeptics: These people believe that police organizations have a documented record on hiding damaging information on themselves - like every other organization. They believe that 8 million copies of an image distributed around the world is a safer guarantee than a sole copy in the perpetrator&#039;s hands.

This side believe that trickery, disobedience and arrest are preferable than allowing the police to police themselves and allowing a criminal (cop) to escape justice. 

Final thoughts: In North America disobeying any cop (no matter what the law says) is a physically risky, financially draining, uphill struggle.  As the posts illustrate, the best that can be done is to get (peacefully) arrested and hope for good luck in the civil suit as money is the only thing that speaks louder than ideology and Tazers.

The question for both sides is: How much do you really, &lt;i&gt;really&lt;/i&gt; want justice?</description>
		<content:encoded><![CDATA[<p>Fascinating thread. Here is my summary.</p>
<p>a) Police Believers: Those who believe that, despite their faults, no police officer would ever destroy evidence that was damaging to the other officers. Officer Brad states that no right thinking officer would ever risk helping a dirty cop  but the real question is: would any officer bend the law to protect the reputation of &#8216;policing&#8217; as  whole? Or to help a &#8216;good cop&#8217; who had one poor moment of judgement?</p>
<p>This side honestly believes that obeying the police is both the best choice and the only real choice. </p>
<p>b) Police Skeptics: These people believe that police organizations have a documented record on hiding damaging information on themselves &#8211; like every other organization. They believe that 8 million copies of an image distributed around the world is a safer guarantee than a sole copy in the perpetrator&#8217;s hands.</p>
<p>This side believe that trickery, disobedience and arrest are preferable than allowing the police to police themselves and allowing a criminal (cop) to escape justice. </p>
<p>Final thoughts: In North America disobeying any cop (no matter what the law says) is a physically risky, financially draining, uphill struggle.  As the posts illustrate, the best that can be done is to get (peacefully) arrested and hope for good luck in the civil suit as money is the only thing that speaks louder than ideology and Tazers.</p>
<p>The question for both sides is: How much do you really, <i>really</i> want justice?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Josh</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12134</link>
		<dc:creator>Josh</dc:creator>
		<pubDate>Thu, 04 Jun 2009 06:05:46 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12134</guid>
		<description>Thought this was interesting.

&lt;a href=&quot;http://nppa.org/news_and_events/news/2009/05/arrest.html&quot; rel=&quot;nofollow&quot;&gt;http://nppa.org/news_and_events/news/2009/05/arrest.html&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Thought this was interesting.</p>
<p><a href="http://nppa.org/news_and_events/news/2009/05/arrest.html" rel="nofollow">http://nppa.org/news_and_events/news/2009/05/arrest.html</a></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Fred</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12043</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Wed, 03 Jun 2009 05:10:25 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12043</guid>
		<description>Chain of custody is important, so you should keep the camera in your possession (don&#039;t lend it to anybody, etc.) until you personally give the photographs to the District Attorney.

Also be prepared to sign an affidavit saying that you had possession of the camera from the moment the pics were taken until the moment you gave them to the DA.</description>
		<content:encoded><![CDATA[<p>Chain of custody is important, so you should keep the camera in your possession (don&#8217;t lend it to anybody, etc.) until you personally give the photographs to the District Attorney.</p>
<p>Also be prepared to sign an affidavit saying that you had possession of the camera from the moment the pics were taken until the moment you gave them to the DA.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Fred</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12022</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Tue, 02 Jun 2009 05:29:41 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12022</guid>
		<description>&quot;I was told to delete the photos, and when I refused to comply unless given a reason, I was stuck in handcuffs.

20 minutes later I was released after agreeing to delete the images.&quot;

You are a victim of extortion.</description>
		<content:encoded><![CDATA[<p>&#8220;I was told to delete the photos, and when I refused to comply unless given a reason, I was stuck in handcuffs.</p>
<p>20 minutes later I was released after agreeing to delete the images.&#8221;</p>
<p>You are a victim of extortion.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Fred</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12021</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Tue, 02 Jun 2009 05:28:31 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12021</guid>
		<description>&quot;Signs are posted that you are not allowed to take pictures of public transport, airports, bus stations… things like that since 9/11.&quot;

Do these signs cite a law? The law is what counts, not the sign.</description>
		<content:encoded><![CDATA[<p>&#8220;Signs are posted that you are not allowed to take pictures of public transport, airports, bus stations… things like that since 9/11.&#8221;</p>
<p>Do these signs cite a law? The law is what counts, not the sign.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Fred</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12020</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Tue, 02 Jun 2009 05:21:47 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12020</guid>
		<description>&quot;4. Now we go to Brad’s trial. The bag of heroin is introduced because the police did not violate Brad’s rights.&quot;

Are you sure about this? The exclusion of illegally obtained evidence is not specifically about anyone&#039;s rights, instead it is &quot;public policy&quot; designed not to reward police for their illegal acts. 

&quot;Next time nobody hangs around for the police to show up.&quot;

Exactly the reason for the public policy and the exclusion of illegally obtained evidence.</description>
		<content:encoded><![CDATA[<p>&#8220;4. Now we go to Brad’s trial. The bag of heroin is introduced because the police did not violate Brad’s rights.&#8221;</p>
<p>Are you sure about this? The exclusion of illegally obtained evidence is not specifically about anyone&#8217;s rights, instead it is &#8220;public policy&#8221; designed not to reward police for their illegal acts. </p>
<p>&#8220;Next time nobody hangs around for the police to show up.&#8221;</p>
<p>Exactly the reason for the public policy and the exclusion of illegally obtained evidence.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Fred</title>
		<link>http://carlosmiller.com/2009/01/21/do-police-have-the-right-to-confiscate-your-camera/#comment-12019</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Tue, 02 Jun 2009 05:10:47 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=3635#comment-12019</guid>
		<description>&quot;You don’t want to get into a situation where you are refusing to comply with law enforcement, especially when that law enforcement officer just shot and killed somebody.&quot;

Yes, you should always obey an extortionist who is threatening to kill you.

But then when you get away to safety, you should file a criminal complaint against the extortionist.</description>
		<content:encoded><![CDATA[<p>&#8220;You don’t want to get into a situation where you are refusing to comply with law enforcement, especially when that law enforcement officer just shot and killed somebody.&#8221;</p>
<p>Yes, you should always obey an extortionist who is threatening to kill you.</p>
<p>But then when you get away to safety, you should file a criminal complaint against the extortionist.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
