Florida Invasion Of Privacy Laws – Can I file with a sheriff’s office in Florida? Florida police threat recording law says Fort Lauderdale criminal lawyer
You have the right to call the police. Photos and videos are always fully protected by the First Amendment (some countries may have different laws regarding audio video). Even if the police make a stop, they can’t take or confiscate videos, photos, or your phone or camera without a warrant.
Florida Invasion Of Privacy Laws
Here’s the problem: Florida’s police bill is being challenged. A Boynton Beach mother was arrested outside a movie theater for filming police arresting her son in 2009. He was arrested in May 2021 in the 4th District Court of the House of Representatives.
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“In short, he obstructed their investigation and the execution of his son’s arrest, in violation of their duties,” wrote Judges Melanie G. May and Edward L. Artau.
At the time of Tasha Ford’s arrest, police said they reprimanded her for not using the camera without permission, saying it was interfering with their investigation of his son, the teenager charged with trespassing at the theater (by the way. . . Police still don’t have the “right” to compel anyone to participate in the investigation. Citizens have the right be silent).
Attorneys for the officers said Ford caused them personal harm, testifying to verbal interruptions and non-violent interventions.
“Judges in court typically do not comment on matters related to the video recording, nor are they informed that they have viewed it. They only note that there is a ‘possibility’ in the nature of police that Ford could be caught interfering,” according to the Sun Sentinel.
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We find no legal support for Ford’s claims of “interference” with police conduct. Just writing to the police does not affect their work. Maybe if the mother had put herself in the situation and put a camera in the officer’s face or something, maybe she’d be “distracted” from filming the cop in South Florida.
As you will learn below, police arrests are legal. Officials said they did not allow Tasha Ford to be arrested. That is, the police do not have to let them close. If they are in a public place, the public and the public have the right to photograph and film them or the situation.
This appeals court decision is an attack on Floridians’ First Amendment rights. Unfortunately, only one of the three judges thought so.
In a lengthy statement, Judge Martha C. Warner wrote that Tasha Ford did nothing wrong and said the police have no expectation of privacy in the public (more on that below). We agree with all of these comments.
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“Given how important cell phone video is to police operations across the country, I don’t believe people are ready to accept that the recording of interactions, including tape recorders, is subject to police privacy laws,” Warner explained.
Warner concluded that Ford should not be charged because he did not obstruct the officers from doing their jobs.
“She did not advocate for her child and the police to physically harm their work,” the judge wrote. Mother will.”
Warner warned that the outlawing would mean that “anyone who pulls out a mobile phone to record an interaction with the police, whether bystander, first-hand witness or accused person, is committing a crime”.
Florida Video Surveillance Laws
“Citizens filming police officers is critical to transparency and accountability,” said prominent West Palm Beach civil rights attorney James C. Green. If you can’t write law enforcement officers involved in dealing with the public, there is no way to make an arrest. It’s just their words to society.”
All U.S. federal courts have found that citizens have a legal right to call the police. A federal appeals court in Florida has ruled that people have a First Amendment right to photograph and videotape police actions — subject to appropriate time, characteristics and space limitations.
Fortunately, the State Attorney’s Office declined to press charges against Ford, but did file a misdemeanor charge with authorities.
The city of Boynton Beach said it was “satisfied” with the court’s decision, according to the Palm Beach Post. “The decision confirms that Boynton Beach police followed Florida law,” the woman said.
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It’s unfortunate that the City of Boynton Beach seems more interested in protecting the opinions of its police officers than protecting the constitutional rights of all US citizens.
Boynton Beach police would not comment to the Palm Beach Post on “what circumstances they will now arrest the citizens who wrote them.”
The PB Post also noted that police can legally record citizens using body cameras or standard cameras. Citizens who are not of the same mind can sue the police for being recorded on camera “without permission” and violating their expectation of speed privacy?
The U.S. Court of Appeals for Florida’s 11th Circuit clearly recognizes that people have “First Amendment rights based on reasonable, characteristic and limited locations, photographs, or videos taken by the police;” wrote ACLU. The document also states that people have “the right to collect information about what public officials are doing on public property, and in particular the right to collect information about the public interest.”
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Florida has laws that protect the public’s ability and legal right to record police officers. True, there are some minor rules.
While we want to shut down the police without a problem, and the right to write is not in jeopardy, the reality is that Florida has made it difficult (especially when most of the police have already shut down our body image series). Here are some tips to keep you safe if you want to call the police:
“Journalists and civil rights groups are working together to overturn a West Palm Beach court decision that they say could block the media and the public from police. photo,” wrote the Palm Beach Post.
This is a very troubling decision and affects a number of federal court decisions,” said Jim Green, an attorney with the American Civil Liberties Union, which represents several groups including the National Press Photographers Association, the Florida Institute of Justice and the Society of Professional Journalists.
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The fear of prosecution is so widespread and dangerous that it can allow police to prohibit news organizations from filming police on public streets.
The main arguments from the more than 10 organizations that filed the lawsuit in support of Tasha Ford and against the decision are:
Let’s say the police still don’t have the “right” to ask you to answer questions or submit to questions without a lawyer present. We have Miranda rights, which give us the right to remain silent when questioned by the police. Ford’s son didn’t have to talk to the police — he could only say things like, “I’m not talking about my day” or “I’m asserting my right to remain silent” or “I’m not answering questions without an attorney present.” Claiming that Tasha Ford is “obstructing” the police investigation also suggests that her son has waived his right to remain silent.
We can help. If you have been arrested in South Florida for a crime or suspected crime related to law enforcement, contact us. We are a South Florida criminal defense attorney group with over 500 5-day online reviews.
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