The issues – Is it legal, when challenged for personal information (name, address) by an LEO to refuse to answer? And, when is a videotape of an incident considered to be “evidence” and therefore subject to confiscation by police?

ORC 2921.29:
“who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following:

(a) An offense of violence that would constitute a felony under the laws of this state;

(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;

(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.

(B) Whoever violates this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.

(C) Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed.”

The specific offense which was taped was drunk/disorderly – a 4th degree misdemeanor. She did not commit a crime. She did not observe the commission of a felony, nor conspiracy to commit a felony. She was under no legal obligation to provide personal information. Certainly it is antagonistic not to, however antagonistic is NOT illegal.

As for “exigent circumstances” and confiscation of the camera to preserve evidence, discussion on the thread cites no specific code. It is clearly stated by LEO’s posting that, even if the camera is confiscated, a search warrant would be required to view contents. One veteran LEO mentions that the thought of asking a judge for a search warrant to support a 4th degree disorderly conduct charge is ludicrous.

As far as I can see, swearing out a 3rd degree felony warrant on someone to obtain “evidence” to support a 4th degree misdemeanor seems a bit over the top…

Now – If photographer was thinking a little quicker she could have made the officer an offer like… “I may be able to sell you a copy of the video for $200.00.” I however am an opportunist. If I want something I will pay for it, if I have something I want something in return.

I have not had bucketloads of bad experiences with the police…Most of the time they are extremely courteous. The few times I’ve dealt with “bad cops” I’ve complained and vigorously pursued it. I also am a big fan of the thank-you note – I write them often.

I will say that due to my work as a Family Advocate, I have probably more police contact than the average person. There have been times when I have needed to provide officers with printouts of various laws. (I carry them with me.)

On occasion, there is an attitude problem evident at the beginning (usually the younger ones), but it’s easily remedied…..

When asked for my name, I ALWAYS shake hands and if the officer does not offer his or her name, I ask. I make sure to introduce the client the same way I would in a social situation. Then I use that person’s name when speaking.

Not too long ago, I was pulled over by a deputy I had dealt with in another situation. He had started off a little aggressive previously, but everything had worked out well. We chatted a few minutes, and he ended up offering to help out a client family in need. He also gave me a warning when I really deserved a ticket. (And had he ticketed me, I would not have been angry or fought the ticket in court.)

I have been threatened with arrest a few times, but I have remained polite (I should be teaching etiquette classes) and not backed down from what I know is right. If it ever came down to it, I hope I would do the right thing.

I am a big stickler for good manners. I treat people with courtesy, and I am not shy about gently correcting the behavior of public servants who who are “politeness-challenged.” I have to say, though, that it’s easier to do this now that I am old enough to sometimes address police officers as “son” or “young man.”

“The video on a server at a news organization is much less likely to be deleted than by Sally Sue bystander. Exigent circumstances is the key here.”

Lulz. News organizations having lawyers on retainer to smack the hands of cops on fishing expeditions is a bit more key. Nice try, though.

@torgeaux

Don’t hold your breath, JL’s already spewed what he has and told us he’s taking his ball and going home.
Michaelk42´s last blog ..Again with the cluelessness

Refusing to assist the police isn’t accessory. I’d love to see some case law or any sort of reference to support a theory that refusing to hand over the camera/tape/film without a warrant is accessory. Please.

Second, contraband is different because by it’s nature, possession of it is illegal, where potential evidence of a crime is not. Again, I await any reference material supporting this position.

I read that and felt a little sick inside. That’s how police think nowdays. If you don’t bend over backwards to help them, then you are the enemy. Reminds me of the good old “If you have done nothing wrong, then you won’t mind if I search you.”

People like Johnny just don’t seem to understand the general mistrust the public has for the police. It’s this duck and dodge they do with our rights, and covering each others asses.