Page 49 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Officers Being Filmed in Public Place

While the U.S. Supreme Court has not addressed this issues there

have been a number of lawsuits relating to allegations that officers

have retaliated when filmed by a citizen in a public place. The nature of

st
these lawsuits is a retaliation for an exercise of 1 Amendment Rights.

•While there may be some reasonable time, place, manner restrictions
that can be placed on those filming, most current cases have gone

against officer action.

•Action of officers that have been criticized include: arresting person

who is filming; seizing the recording device as evidence; temporary

seizing recording device and deleting or manipulating recording or

photograph.

•Example: Glik v. Cunniffe, 655 F.3d 78 (1st Cir. Mass. 2011)

©2021 Jack Ryan Legal & Liability Risk Management Institute 48