Tech Dirt

The New York Civilian Complaint Review Board has just released a report [PDF] indicating NYPD officers are slow learners when it comes to recognizing citizens' right to record police officers. It's not that these officers have never been told. They have. The NYPD's "Finest Order" was handed down in 2014, telling officers citizens had a First Amendment right to film police. It's a response to a 2012 order by the Washington DC PD and a First Amendment lawsuit filed that year. It followed this up with internal policy changes two years later. And yet, problems persist.

In the three-year period from January 1, 2014 through December 31, 2016, the CCRB closed 257 complaints in which civilians reported that officers had interfered with their ability to record police activity. This police interference included, but was not limited to, officers instructing civilians to stop recording, searching civilians‘ phones for recordings of activity, deleting such footage, and damaging recording devices.

In fact, those with the most time on the job seem to have the greatest difficulty following instructions and policy changes.

Eighty-four percent of the officers named in interference-related allegations (180 subject officers) had more than two years on the force at the time the alleged incidents occurred. Of those, 53 percent (113 subject officers) had between three and 10 years on the force when they were alleged to have interfered with civilian recordings and the remaining 31 percent (67 subject officers) had more than 10 years on the force.

The NYPD "Finest Message" on recording distinctly notes what officers aren't supposed to do when encountering a citizen photographer:

Recognizing the affirmative right to record police action, UNDER NO CIRCUMSTANCES should a Member of the Service:

Threaten, intimidate, or otherwise discourage an observer from recording the police officer’s activities, assuming the observer is at a safe distance;

Intentionally block or obstruct cameras or other recording devices when there is no legitimate law enforcement reason to do so; or

Delete any pictures or videos from the observer’s camera, or order observer to delete such pictures or recordings.

But these orders were violated repeatedly. The most common excuse for violations was the officer didn't remember doing it or denied the violation had occurred. [MORE]