Beaverton police chief: Film officers at your own slight risk

[MrScorpio]

Published: Saturday, July 10, 2010, 5:40 AM Updated: Monday, July 12, 2010, 9:53 AM
Brad Schmidt, The Oregonian


BEAVERTON -- If you pull out your cell phone or digital camera and record the voice of a Beaverton police officer, odds are you won't be arrested.

But, just know, you also could be handcuffed and taken to jail. It's up to the officer and his or her interpretation of the law.

That's the advice from Beaverton Police Chief Geoff Spalding, who this week clarified his department's stance on the recording of law enforcement after a $19,000 settlement with an Aloha man that ended a federal lawsuit against the city of Beaverton and one of its police officers.

The settlement comes almost two years after Beaverton police arrested Hao Xeng Vang and seized his cell phone because he recorded officers arresting his friend at a bowling alley. A similar incident in Portland prompted city attorneys to advise the Portland Police Bureau that officers generally do not have the right to seize cameras or arrest people for recording them in public, except in rare circumstances.

Spalding said Oregon's eavesdropping statutes, ORS 165.540 and ORS 165.543, are complex and intended to ensure privacy. Spalding said he believes his officers can arrest people who record officers' private conversations without permission. But the likelihood of arrest, Spalding said, "is pretty low."

"That is a technical violation of the law. That doesn't mean there's going to be an arrest," Spalding said.

http://www.oregonlive.com/beaverton/index.ssf/2010/07/beaverton_police_chief_film_officers_at_your_own_slight_risk.html

[Parche]

1. Hey, I just walked past one....

:woohoo:

Beaverton police here are hard a$$es, i have been stopped 8times in the last year, have to show my ID etc.....

:hi:

[KansasVoter]

3. Walking by and asked to show id or driving......

Walking you do not have to, just give name and address.

[Parche]

5. 2months ago

one stopped me and a friend, "you both look like you could use a little help"......

:hi:

[Exultant Democracy]

10. hahahaha, now that is funny. Do that and you'll end up in cuffs quicker then Robert Gates

the rules do not apply to cops. If you are stopped lower your eyes and do everything they want or I assure you you will spend time in handcuffs.

[KansasVoter]

11. No, I have done it........

You have no reason to show a cop your ID if walking. Just name and address only in Kansas, some states no need to give name. Also, you have no need to carry ID if not driving. So how can you show ID if you do not have it?

They can pat you down, outside of cloths for weapons only. Not reach into pockets unless they detect a weapon.

If they suspect you are committing a crime or was about too they can detain you.

Otherwise, the most important question you can ask is "Officer, am I free to go".

Keep that in mind.

[zipplewrath]

13. They can detain you until they identify you.

There is precious little to prevent them from detaining you until they identify you. So if you are merely in the vicinity of a crime that has been committed, they're on grounds to obligate you to identify yourself, or be detained.

[KansasVoter]

14. Identify means name and address only in Kansas........

That is why you need to ask "Am I free to leave officer". That means Detain or not. And they KNOW what that question means.

They can only detain if they have responsible suspension you committed or were about to commit a crime.

I have had cops stop me and ask why I was walking where I was walking. After so long, I ask if I am free to leave and they let me leave.

But you are right, the wrong cop, and anymore it is > 50%, will give you shit. I am just someone who gets sick of cops abusing power.

[zipplewrath]

17. THEY id you

without some form of ID, they can detain you until they get some independent verification of who you are.

I don't like abouse of power either. And I think the USSC has made it much easier with recent decisions. None the less, it is important to understand what they can, and cannot, do.

I don't "consent" to searches of my car during traffic stops. But I also know that by doing that, I'm setting up a situation where they can detain me for hours while they obtain a search warrant. Fortunately, the last time the cop got a call for a "real crime" and just split.

[KansasVoter]

18. Only is they suspect you are, have or are about to commit a crime.....

And they need some proof of that suspicion.

And saying "officer, I do not consent to a search of my vehicle" if NOT automatically evidence that you have something to hide. People get this wrong all the time.

If the cop has reasonable suspicion you have something illegal in your car they will have to prove it in court. If a cop said "your honor, my reasonable cause is he did not want me to search his car" the judge would laugh him out of the court.

Here is a great site: http://www.fourthamendment.com/blog/

Great Video!
http://www.youtube.com/watch?v=6wXkI4t7nuc

[zipplewrath]

19. Merely being in the area

The case that went before the USSC, the person in question was standing at a truck talking to someone. A bank had been robbed near by and the cop came up and asked for some ID.

And for the car, suspicion is so easy to establish, they can do it for anyone.

[KansasVoter]

20. I agree....

If there was a bank robbed by me while I am at the gas station I would cooperate.

I am talking about cops harassing me.

The RIGHT Way to Handle a Police Stop

http://www.youtube.com/watch?v=eDJrQBwJpqk

[zipplewrath]

21. But you won't know

The problem is that you won't necessarily know that there was a crime nearby. And they are unlikely to tell you right up front. So as a general principal, it's a good idea to present government issued ID. That effectively disempowers them greatly.

[LWolf]

2. Are officers' on-duty conversations while interacting with the public "private?" nt

[KansasVoter]

4. How does this law work? How can I tape my kids baseball game? Other kids are on field also.

[zeemike]

9. If you are in a public place you don't have the expectation of privacy

Or that is the way it used to be....but I guess cops feel that does not apply to them.

[KansasVoter]

12. OK, makes sense. Thanks!

[Bozita]

6. Whatever came of "If you ain't doing anything wrong, you have nothing to be afraid of"?

A favorite RW meme.

[MrScorpio]

7. We never heard of that one in the so-called "hood" nt

[Bozita]

8. I meant to direct that to the camera-shy cops.

[Downtown Hound]

15. So pigs can film me anytime, even set up cameras on streets

But I'm not allowed to do the same?

Hey chief, pursue fascism at your own risk because a lot of us out here are real fucking tired of it.

[MrScorpio]

16. "You have no expectation of privacy, if you're out in public..."

Unless you're a cop.