since9
Campaign Veteran
Camera man is assaulted by police at 3:52. The victim's lawyer just decided to release the tape to the public.
And such a smooth voice for that law enforcement officer!
I'm going to repeat a few things with respect to law enforcement encounters, in the hopes those of you out there who put this stuff out on YouTube might take the high road with respect to professionalism:
1. Remain calm. This includes both your voice and overall demeanor. Calm does not mean compliant. It does mean friendly, or at least, professional.
2. Don't lie to cops. "I'm recording the event" when you're not following the event while instead training your camera's on law enforcement means you're recording law enforcement, not the event.
3. Do not be argumentative. The best answer to "Why are you recording me?" would be, "Well, I was recording the event, but this is much more interesting." The message is clear, though not any sort of a veiled threat: "If you hadn't come up and started interacting with me, I wouldn't be recording you."
4. Stand firm on your rights. This doesn't mean engaging in an argument. In response to "I'm not giving you permission to record me," one response might be: "As one of the two parties of this conversation, and in accordance with VC 19.2-62(B)(2) and 18 USC 2511(2)(d), Ihave given consent. No laws are being broken."
This might give him pause for thought. I doubt it. It would probably tick him off, and it's a bundle to remember. I think a better response would be, "State and federal statute require only single-party consent, and I've given that consent." If things continue, don't argue the point, just stand your ground: "My being here and videotaping is lawful, and I will continue to do both. If you prefer not to be videotaped, I understand, and I will not chase after you if you were to leave this vicinity."
5. Whether or not it's a threat, don't tell him it's a threat.
6. If they tell you videotaping is against the law, see number 1. Remain calm. See number 4 and calmly state "I am violating no city, county, state, or federal law."
7. If they continue to harass you, don't accuse them of harassing you. Just say, "Officers, I was standing here minding my own business when you approached me. Please leave."
YES. You CAN ask an officer to leave. In fact, if he doesn't, and he has no PC or RAS to continue interacting with you, then you have grounds to file an harassment suit against him/her.
You will not have such grounds if you continue to engage them in argumentative dialogue! By responding to them in kind, you are "inviting" them to continue their behavior.
Behavior-deflection is a critical tool. Law enforcement not only knows how to do this, but they also know how to engage and remain engaged with a "person of interest." It's what they live for. If you come across as an instigator of these sorts of events, you're stepping into the ring, so to speak.
I've interacted with law-enforcement on several occasions, usually while armed, and I've never been sidelined like this. I think one of the reasons is that I never adopt an adversarial role or relationship with them (or anyone else). On two such occasions things started out that way by error, and since my goal is collaboration, the role was quickly flipped, and off we all went on our separate ways.
If I could boil it down to one thing, it would be: Be professional. Stop and think before speaking or reacting, and maintain your calm at all times. Most law enforcement officers can spot that a mile away. They work with and for professionals, and respect citizens who know how to behave professionally.
As a professionally, I'd have given a rat's butt with respect to capturing the parade. I would not have turned off my camera, and would have politely reminded the officer "one-party consent is all that's required under Virginia and federal law." If he'd insisted, I would have respected his request, but would have then released the video to pretty much the entire chain of his superiors along with a gentle reminder of the applicable laws, and request they contact me within one week of receipt (sent return receipt required, of course) with an official apology.
If they didn't apologize, THEN I'd throw the entire thing onto YouTube. Not only is it my right as a citizen, but it's my duty as a citizen to highlight and uncover corruption which refuses to un-corrupt itself when given the chance.