[HN Gopher] Arizona moves to ban recording video of police
       ___________________________________________________________________
        
       Arizona moves to ban recording video of police
        
       Author : Eddy_Viscosity2
       Score  : 206 points
       Date   : 2022-03-19 20:28 UTC (2 hours ago)
        
 (HTM) web link (www.fox10phoenix.com)
 (TXT) w3m dump (www.fox10phoenix.com)
        
       | ffhhj wrote:
       | Recording at 8 feet with halogen lamp to the face and pole
       | microphone, ok sir?
        
       | encryptluks2 wrote:
        
       | kgwxd wrote:
       | Why is video even mentioned? Either it's safe to be within 8 ft
       | or it isn't, regardless if they're recording or not. By making it
       | about video, your actual motive is crystal clear.
        
       | morsch wrote:
       | This is an issue in Germany, as well. People are prosecuted for
       | recording police interactions regularly; sometimes they get away
       | with it, sometimes they don't. As far as I know, there are no
       | laws specific to recording the police, it's based on laws that
       | apply to recording private conversations and taking/publishing
       | pictures without consent.
       | 
       | https://www-deutschlandfunk-de.translate.goog/fotos-und-vide...
        
         | FpUser wrote:
         | Crooks
        
         | sofixa wrote:
         | Such laws are great, but there should be explicit exceptions
         | for public servants on duty such as police.
        
           | insickness wrote:
           | In the U.S., the law is delineated where there is "an
           | expectation of privacy." In other words, you can record
           | anyone anywhere in public, but you can't record in a bathroom
           | or dressing room. Police officers should not have an
           | "expectation of privacy." Interestingly enough, you can
           | record through the windows of someone in their house, the
           | courts have determined.
        
       | tormock wrote:
       | I was just watching a video of about 6 officers killing/pinning
       | down someone and that happened about 2 months before George
       | Floyd's story: https://www.youtube.com/watch?v=ybWJe6G5guc (no-
       | one got charged even if it was caught on video (and not that it
       | matters, but the victim was white)) ... I have see a lot worst
       | before but not when that many officers were involved.
        
         | [deleted]
        
         | kingcharles wrote:
         | Only a prosecutor can bring charges against the police. How do
         | you think the prosecutor's office is going to get cases if it
         | antagonizes the police that supply them?
        
           | Buttons840 wrote:
           | We should have another elected official responsible for
           | bringing charges against police, separate from the
           | prosecutors.
        
             | worik wrote:
             | We have that in Aotearoa. I thing England does too.
             | 
             | It is a help, better than the police investigating
             | themselves.
             | 
             | But class issues really come into play. The investigators
             | are all lawyers and have never lived the sort of life where
             | they are bullied by the police, and they have no idea of
             | the dynamics.
             | 
             | We can always do better, in this case we are doing better
             | than we were but it is still quite bad
        
             | jjtheblunt wrote:
             | in the US that's the District Attorney or Attorney General,
             | i think, but forget which is which.
        
           | geoduck14 wrote:
           | The police don't support the DA
        
             | giraffe_lady wrote:
             | I don't know what meaning "support" is carrying here so
             | it's hard to mount a clear defense.
             | 
             | But they work closely together, and each's work depends, to
             | some extent, on the other. So they each have certain
             | incentives, which lead them to generally act in certain
             | ways towards each other.
             | 
             | I am comfortable calling that support? Could you suggest
             | another concise, easily understood alternative term, if you
             | have one in mind?
        
         | daenz wrote:
         | >(and not that it matters, but the victim was white)
         | 
         | If BLM wanted to add legitimacy to their cause, especially to
         | those on the fence, they would raise awareness to these non-
         | black deaths in the same way that they do when it's black
         | deaths. Standing against unjustified police violence against
         | _any_ person is not at all against the  "black lives matter"
         | premise. In fact, speaking up about it would help people relate
         | to their cause. But, for one reason or another, they seem to
         | stay relatively silent.
        
           | heavyset_go wrote:
           | I recall when the Daniel Shaver murder happened, a lot of the
           | same people who now criticize BLM were criticizing Shaver for
           | not listening to the police, or saying he deserved what
           | happened to him, and objected to the idea of police brutality
           | existing at all.
        
             | daenz wrote:
             | Wrt Daniel Shaver, from my experience, most people that I
             | know just didn't care very much. It's sad, it shouldn't
             | have gone down like that (much like many other instances),
             | but at the end of the day, there's only so much emotional
             | bandwidth to spend, and it can't all be allocated on
             | everything at the same time.
        
           | seizethegdgap wrote:
           | https://blavity.com/blm-activists-call-attention-to-
           | graphic-...
           | 
           | https://www.nola.com/opinions/article_4f6138fe-
           | ea8c-551b-9e6...
           | 
           | https://www.12news.com/article/news/local/valley/mesa-
           | rally-...
        
             | daenz wrote:
             | I carefully chose the words "relatively silent." As in,
             | relative to when the victim is black. I don't see how
             | anyone can argue that it's anywhere near the same level of
             | intensity for non-black vs black.
        
               | jjulius wrote:
               | Huh, it's really weird that a group focused on
               | eradicating systemic racism would choose to highlight the
               | racist moments. How strange.
        
               | daenz wrote:
               | Yes, to their own disadvantage. My argument is that they
               | would persuade many more people to their cause. Is your
               | argument that they shouldn't do that, or that you don't
               | think it would work?
        
               | wpietri wrote:
               | If you think you can do better than the activists for a
               | given cause, I suggest you get out there and do it so we
               | can see the superiority of your position. Otherwise, I
               | think it's basically the same as armchair quarterbacking:
               | people who have less expertise and no stake acting as if
               | they know better than the people deeply involved in the
               | problem.
        
               | daenz wrote:
               | We're having a discussion, and I asked a fairly direct
               | question. If your response is to stop the discussion
               | because you think no one is qualified here to discuss it,
               | then you are welcome to not participate.
        
               | jsnodlin wrote:
        
           | gutitout wrote:
           | "But, for one reason or another, they seem to stay relatively
           | silent."
           | 
           | The one reason is they, are not black.
        
             | daenz wrote:
             | Should my conclusion be that the reasons for unjustified
             | police violence against blacks and the reasons for
             | unjustified police violence against non-blacks have no
             | overlap, and should therefore only be addressed by an
             | identity-oriented organization for each race?
        
             | [deleted]
        
           | sixothree wrote:
           | Just because you haven't bothered to pay attention doesn't
           | mean it isn't happening.
           | 
           | Consider this whenever you claim "someone" isn't doing
           | something. They very well might be and you look stupid when
           | you are shown otherwise.
        
             | [deleted]
        
             | daenz wrote:
             | I chose my words carefully to say, not that it "isn't
             | happening", but that it isn't happening at anywhere near
             | the same level. If you're going to suggest that I "look
             | stupid", please accurately represent the argument that I
             | "look stupid" about.
        
           | markdown wrote:
           | > If BLM wanted to add legitimacy to their cause
           | 
           | The cause isn't "stop police violence", it's stop systemic
           | racism within the police forces of the USA. Police violence
           | disproportionally affecting black people is a symptom of that
           | systemic racism.
        
             | worik wrote:
             | True.
             | 
             | And systematic racism is a symptom of the cruel bigotry and
             | prejudice throughout society.
             | 
             | Anti racism campaigners are doing work for all of us who
             | find our selves on the outside of the right side.
             | 
             | Edit: I do not live in the USA. I do not have an experience
             | of racism there. I might be missing something
        
           | tzs wrote:
           | Would you make a similar argument to people trying to raise
           | awareness of and research funding for breast cancer? Should
           | they be talking about heart disease too? Just trying for a
           | general increase in research funding for all diseases?
           | 
           | I do agree that BLM made a mistake though--they should have
           | called it "Black Lives Matter, Too". That would have made it
           | clearer what they are going for.
        
             | worik wrote:
             | All lives will matter when black lives matter.
             | 
             | That is what it means. To any body not either racist or on
             | the autistic spectrum and very pedantic, it is obvious that
             | is what it means.
        
               | unfocussed_mike wrote:
               | It's so painful to have to say this again and again, and
               | I am glad of anyone who does.
        
           | sfdh789 wrote:
        
         | californical wrote:
         | Wow, truly incredible and sad.
        
       | juanani wrote:
        
       | barnabee wrote:
       | There can be no justification for this.
        
       | [deleted]
        
       | fredgrott wrote:
       | obviously they had a problem reading the US Constitution
        
       | nwienert wrote:
       | For some context not in this thread yet, I'm sure this is being
       | driven in part by cop watchers like James Freeman who are really
       | doing God's work by bringing attention to rampant corruption of
       | police against recording.
       | 
       | Highly recommend watching a few of his videos, here's a mix of
       | his run ins with Tucson police:
       | https://youtube.com/playlist?list=PLEHv5tmOgVtXPiKPLK1cCp8An...
       | 
       | Those saying "8 feet seems reasonable" haven't thought through
       | this _at all_. Watching James' videos the cops are constantly
       | trying to push him, crowd him and generally do anything in (and
       | out) of their power to try and shut him down. With a rule like
       | this they would absolutely abuse it by just having one officer
       | move forward into your space even if you back away. You
       | absolutely cannot give them leeway like this, if you don't
       | believe me watch some of the videos. It's really eye opening what
       | they try and get away with.
        
         | jawns wrote:
         | Sean Paul Reyes of the YouTube channel Long Island Audit is
         | another good example. He has multiple videos of himself
         | engaging in constitutionally protected activity, but police
         | officers routinely harass him and in some cases get physical.
         | In one recent case in Connecticut, he was assaulted and had his
         | phone thrown by an officer who lost his temper, and no other
         | officer intervened.
        
       | tgb wrote:
       | I'm shocked at the support for this here. It doesn't matter that
       | it only applies to within 8 feet and if it's an interaction with
       | someone else. No one should have to know a law about whether they
       | can record police or not. What are you going to do, look up the
       | law when an officer tells you to stop recording? Remember if you
       | refuse it's a 30 day jail time you could be facing. Want to take
       | bets on whether the officer is lying or you misremembered the
       | allowed distance and conditions? What if a second police officer
       | then approaches you, do they get to box you out by just standing
       | there? There's no reason this can't be handled by generic laws
       | for not interfering with police that I'm sure already exist. It's
       | either pointlessly redundant or will be abused.
        
         | dylan604 wrote:
         | New app idea to pitch: have the camera app overlay the distance
         | using the lidar system.
        
         | [deleted]
        
         | kodah wrote:
         | The argumentation you're using can pretty much apply to any
         | mature legal system. Usually when this is argued it's in the
         | form of an old Bloomberg opinion piece, "70% of people have
         | done something worthy of jail time and didn't even know it" [1]
         | All that to say, that bit of reasoning is probably more apt for
         | a different discussion.
         | 
         | I don't really have an opinion as to whether it's ethical or
         | not ethical to video a traffic stop. It does kind of sound like
         | lighting a match when soaked in gasoline though.
         | 
         | 1: https://www.politifact.com/factchecks/2014/dec/08/stephen-
         | ca...
        
           | tgb wrote:
           | I don't see that as relevant to my points. My main point is
           | that an officer can easily abuse this law due to asymmetric
           | information/outcome despite the limits in the text. The
           | officers that would do this are exactly the ones that need to
           | be recorded.
        
             | kodah wrote:
             | True, sorry I didn't get to that point. That point is
             | nothing new about police. Ever seen cops stack charges on
             | someone? They write a long list of micro-grievances that
             | you have committed and make you answer for them
             | individually. The system rests on this idea that no one is
             | harmed by charging someone with a crime, and that it is a
             | DAs job to determine whether or not a crime has been
             | committed.
             | 
             | The reality is that DAs rarely drop charges when they
             | should (or don't enough, take your pick) and merely
             | charging someone with a crime has lots of legal and extra-
             | legal consequences. It's a shit system, imo, but depending
             | on the situation people are in they either love or hate
             | this system. If you are an agrieved party, then you likely
             | like this system because it's laced for vengeance and
             | action, while if you're trying to make a case that you
             | didn't violate the law or even _know_ that something was a
             | law it 's like walking uphill in a foot of mud.
        
           | ctoth wrote:
           | > I don't really have an opinion as to whether it's ethical
           | or not ethical to video a traffic stop. It does kind of sound
           | like lighting a match when soaked in gasoline though.
           | 
           | What? Under what possible interpretation of ethics might it
           | not be ethical to video tape a public official interacting
           | with a citizen? This just doesn't even make sense as a
           | sentence to me. Segmentation fault (core dumped)
        
             | kodah wrote:
             | I could see it not being ethical if a person is being
             | provocative. If it's just a dash-mounted camera or one
             | pinned to the person's body (like a cops) that seems
             | perfectly ethical.
        
               | ctoth wrote:
               | Then the provocative behavior is potentially unethical,
               | not the recording? Seems like a very important
               | distinction to make.
        
               | kodah wrote:
               | Yeah, could be, though I think the two in combination
               | probably makes for a force multiplier.
        
       | judge2020 wrote:
       | > The original proposal from Rep. John Kavanagh made it illegal
       | to record within 15 feet of an officer interacting with someone
       | unless the officer gave permission. The revised bill was approved
       | on a 31-28 party-line vote Feb. 23 and lowers the distance to 8
       | feet.
       | 
       | And the exception for recording when in a car:
       | 
       | > It also now allows someone who is in a car stopped by police or
       | is being questioned to tape the encounter and limits the scope of
       | the types of police actions that trigger the law to only those
       | that are possibly dangerous.
        
         | ethbr0 wrote:
         | 8' seems pretty reasonable.
         | 
         | Are there circumstances where you would have a valid interest
         | in filming from closer than 8'?
         | 
         | This feels like a response to someone shoving a phone in an
         | officer's face and claiming they're protected by the First
         | Amendment. Which... seems unreasonable.
         | 
         | There's a clear public safety interest (both to the officer's
         | own person, and to anyone the officer is interacting with, by
         | not distracting anyone and/or increasing tension in the
         | situation) and the public's right to record seems unimpinged by
         | an 8' limit.
         | 
         | But this is from someone recently of Georgia, where we had
         | people on both sides of the election fiasco harassing people
         | while claiming journalistic protections.
        
         | ramesh31 wrote:
         | > limits the scope of the types of police actions that trigger
         | the law to only those that are possibly dangerous.
         | 
         | And that means the entire law will be applied at will, by the
         | sole discretion of the officer involved. It's the same nonsense
         | they've used for decades to harass anyone they claim "smelled
         | like marijuana".
        
           | [deleted]
        
       | mwt wrote:
       | I'm always weary of "legislator/body proposes <thing that seems
       | obviously bad>" headlines since many politicians fundraise via
       | grandstanding bills that are DOA. This passed the house, though,
       | so it's not that sort of thing. And it passed by a party line
       | vote, so with one party having a majority of the senate and
       | governorship, I guess it's going to become law?
        
       | [deleted]
        
       | hirundo wrote:
       | "The original proposal from Rep. John Kavanagh made it illegal to
       | record within 15 feet of an officer interacting with someone
       | unless the officer gave permission. The revised bill was approved
       | on a 31-28 party-line vote Feb. 23 and lowers the distance to 8
       | feet."
       | 
       | Requiring an eight-foot filming bubble around a working cop seems
       | reasonable in terms of not disrupting their job, and unlikely to
       | trigger a federal first amendment slapdown. With a modern phone
       | you can capture all of the detail that's typically needed at that
       | distance.
       | 
       | I'm a first amendment absolutist to most people, and this bothers
       | me little.
        
         | avs733 wrote:
         | > seems reasonable
         | 
         | which is exactly the goal...something that _seems reasonable_
         | while enabling abuse.
        
         | TeaDrunk wrote:
         | Scenario: A policeman is performing brutality on someone while
         | multiple peers observe. Those peers approach anyone recording,
         | such that it forces anyone recording to traverse further and
         | further away. (And if those people stand their ground, cops are
         | now able to arrest them for being within 8 feet.) What then?
        
         | ramesh31 wrote:
         | >Requiring an eight-foot filming bubble around a working cop
         | seems reasonable in terms of not disrupting their work, and
         | unlikely to trigger a federal first amendment slapdown.
         | 
         | Nonsense. There's already a ton of laws on the books about not
         | impeding emergency services in public. This would do nothing
         | but give cops carte blanche to arrest anyone with a camera.
        
         | seanw444 wrote:
         | I think leaving the law at "don't interfere with the police
         | during their job" is good enough. Making static rules like this
         | is normally a bad idea. And we won't know why until there's a
         | scenario where we regret passing it.
        
           | Taylor_OD wrote:
           | Right. Something that comes to mind is is multiple cops
           | arrive and make a perimeter they can continue to move people
           | back and say they have to be 8 feet away from THEM which
           | could make the cop in question many many more feet away.
           | 
           | It's easy to see how this will be abused. The existing law
           | seems to be working well.
        
           | avs733 wrote:
           | >I think leaving the law at "don't interfere with the police
           | during their job" is good enough.
           | 
           | Those already exist, of course, including[0]:
           | 
           | * Failure to comply with police officer; classification
           | 
           | * Refusing to Aid a Peace Officer
           | 
           | * Obstructing Criminal Investigations of Prosecutions
           | 
           | * Refusing to provide truthful name when lawfully detained
           | 
           | * Impersonating a public servant
           | 
           | * Obstructing a highway or other public thoroughfare
           | 
           | No matter how reasonable the law may read on its face, the
           | clear goal is empowering more police abuse and less
           | oversight. The history of police conduct in arizona makes
           | this readily apparent.[e.g., 1]
           | 
           | [0] https://www.jacksonwhitelaw.com/criminal-defense-
           | law/obstruc...
           | 
           | [1] https://www.forbes.com/sites/erikkain/2011/08/31/actor-
           | steve...
        
             | insickness wrote:
             | The problem is when officers construe filming video as
             | interfering with their job. I wonder if this law would
             | paradoxically enshrine the right to film officers anywhere
             | outside of 8 feet.
        
         | jyounker wrote:
         | Note that this makes it impossible to film a police officer
         | while they are confronting you.
        
           | oh_sigh wrote:
           | It's always better to go directly to the source, rather than
           | rely on someone else's summary of something as a source for
           | analysis. Your concern is addressed in the actual text:
           | 
           | https://www.azleg.gov/legtext/55leg/2R/summary/H.HB2319_0223.
           | ..
           | 
           | > Provision 4: Provides that a person who is the subject of
           | the police contact may make a recording if doing so does not
           | interfere with lawful police actions. (Sec. 1)
        
             | jyounker wrote:
             | Yeah, I actually did that, and just came back to delete my
             | comment, but you've already replied, so I can't any more :)
        
             | gorbachev wrote:
             | That is statement is going to be used quite often by cops.
        
             | Brian_K_White wrote:
             | The officer has taken your phone.
             | 
             | Or knocked it to the ground while you were "resisting".
             | 
             | Or you are handcuffed.
             | 
             | Or there are multiple officers but your phone only points
             | in one direction at a time.
             | 
             | The officers own body cams are on while _they_ are within 8
             | feet of _you_.
             | 
             | There is no way to make this valid. The supposed rationale
             | falls apart under any scrutiny at all.
        
             | jyounker wrote:
             | I take back what I said. It doesn't actually address my
             | concern.
             | 
             | All the officer has to say is that your filming was
             | interfering with their actions, and then they'll slap that
             | charge on you and confiscate your phone, possibly combining
             | with resisting arrest. Also, the worse the officer's
             | transgression is, the more likely that your phone will be
             | "accidentally damaged".
             | 
             | Even if the officer's claim is bullshit, the cost of
             | defending against their bullshit is going to be infeasible
             | for many.
        
               | worik wrote:
               | Also, if you are not a hardened criminal, getting
               | arrested is a shocking event, and the support of friends
               | with video cameras can make the difference. Literally, if
               | not often, life and death.
        
         | worik wrote:
         | Reading between the lines the purpose of the bill is not to
         | make police jobs easier by keeping clear space around them.
         | 
         | IMO the purpose is to remind the plebeians exactly what's what
         | and what their position in society is.
        
       | ajju wrote:
       | I think such a law would clearly violate the first amendment.
       | 
       | https://www.vox.com/future-perfect/2020/1/23/21078810/kansas...
        
         | 2OEH8eoCRo0 wrote:
         | Right. It won't survive a lawsuit.
        
           | humanistbot wrote:
           | But it will have a chilling effect while the court system
           | works its way to the case, and even after it (hopefully) gets
           | overturned.
        
             | 2OEH8eoCRo0 wrote:
             | I doubt it. You'll never stop people from making cell phone
             | videos.
        
               | worik wrote:
               | The chilling effect is reminding the victims of the
               | police that they have no friends in the establishment,
               | surely?
        
               | dymk wrote:
               | The law not surviving the court system would be contrary
               | to that.
        
               | giraffe_lady wrote:
               | hey quick question when a law goes away what do you think
               | happens to all the people in prison for violating that
               | law
        
               | 2OEH8eoCRo0 wrote:
               | > Kavanagh's bill makes a violation a petty offense, the
               | lowest-level Arizona crime that can bring a fine but no
               | jail time. Refusing to stop recording when an officer
               | orders it would be a low-level misdemeanor subject to a
               | 30-day jail sentence.
        
           | giraffe_lady wrote:
           | It can still do a lot of damage. Arrest and exposure to the
           | criminal legal system carries heavy costs and risks for very
           | many people. Those things aren't undone when, years later, it
           | gets declared unconstitutional because someone else's case
           | finally made it through the process.
        
           | x86_64Ubuntu wrote:
           | Yes, but in the meantime, the cops are allowed to beat,
           | detain and arrest you. While your case rises to a right-wing
           | packed SCOTUS, you will most likely lose your job, have
           | issues with any kind of clearance (resisting arrest can be a
           | felony depending on circumstances), face difficulties during
           | any custody battle and possibly be incarcerated. Then if the
           | courts rule in your favor, you receive nothing except your
           | world reduced to ashes. In the US justice system, the process
           | is the punishment.
        
             | jjulius wrote:
             | This entire hypothetical assumes the law remains in place
             | as the lawsuit works it's way through the system.
        
             | treeman79 wrote:
             | So you would like limits on police and state power? Well
             | that's a right wing goal.
        
               | woodruffw wrote:
               | I don't think you'll be able to successfully draw a
               | disjoint "left wing" or "right wing" circle around people
               | who want there to be limits to the police and/or state's
               | authority. It's more or less a universally held position
               | in liberal democracies.
        
               | mindslight wrote:
               | Neither directional wing gets to claim ownership of that
               | goal. Grassroots "left" and grassroots "right" both
               | desire limits on government power. The professional
               | parties both give the goal some acknowledgement, and then
               | turn around and herd people into their sponsors' top-down
               | authoritarian policies. When you make statements like the
               | above, all you're essentially doing is attacking the
               | other tribe based on their entrenched politicians while
               | giving your tribe a pass based on its grassroots. In
               | actuality, if you want reform you need to do the exact
               | opposite and focus on criticizing your own tribe.
        
         | woodruffw wrote:
         | A longstanding political technique in the US is to pass
         | patently unconstitutional laws and then ignore their
         | enforcement. This accomplishes both goals: it scares citizens
         | into changing their behavior (in this case, not recording
         | police abuses), and it keeps the lawsuits away (the current
         | standard for legal standing in the US requires demonstrable or
         | imminent harm, which doesn't exist in the absence of
         | enforcement).
         | 
         | That technique is unlikely to succeed in this particular case
         | (since the 1A standard for harm is much lower), but it's worth
         | noting.
        
       | tyronehed wrote:
       | I will be curious to see on what grounds the current right-
       | falling-over court will justify this abomination against the
       | First Amendment.
        
         | n8ta wrote:
         | Self incrimination??? Not being able to present evidence of
         | your innocence is not the same as being forced to present
         | evidence of your guilt.
        
       | ramesh31 wrote:
       | I'll take "hilarious conservative bullshit that will be tossed
       | out in the first court case" for $500, Alex.
        
       | GoOnThenDoTell wrote:
       | Maybe its time to get the sunglasses with cameras in them :/
        
       | hprotagonist wrote:
       | https://slate.com/technology/2018/12/right-to-record-police-...
       | 
       | well, good luck.
        
         | google234123 wrote:
         | Nice job reading the article /s
        
       | [deleted]
        
       | SN76477 wrote:
       | Who watches the watchmen?
        
         | m-p-3 wrote:
         | A Ring doorbell.
        
       | Brian_K_White wrote:
       | You're allowed to record your own interaction.
       | 
       | Cue the totally random inexplicable wave of phones accedentally
       | knocked out of hands in scuffles or confiscated for examination
       | or plain handcuffings.
        
         | kgwxd wrote:
         | Standard protocol is to assume it's a gun.
        
           | worik wrote:
           | > Standard protocol is to assume it's a gun.
           | 
           | Let me correct that:
           | 
           | Standard protocol is to "assume it's a gun".
        
             | Brian_K_White wrote:
             | I'm actually thinking more attept-at-deniable than that.
             | Like just getting into scuffles where no one can prove the
             | phone didn't get knocked to the ground by honest accident.
             | 
             | People who are willing to do things like play copyrighted
             | music so that videos of them get taken down by the
             | copyright machine, while they are in the very act of
             | supposedly upholding law and order, are willing to do
             | literally anything.
        
       | NikolaNovak wrote:
       | I read title and comments and was ready to be enraged. Heck, I
       | WAS enraged.
       | 
       | And then I clicked the link and... 8ft? That's what, just over 2
       | meters? Who wants and desires to be within a NBA player's
       | distance of a police interaction anyway? At that point you're not
       | observer or recorder you're a participant. I find the title very
       | very very misleading.
       | 
       | I believe police interactions should be recorded. I believe we
       | should be free to record them. I believe they should be held to
       | higher standard as the powers they get and their propensity to
       | abuse them are huge. But if you're inside 8ft it feels you're
       | just interfering.
       | 
       | Maybe there are angles I have not considered...
        
       | codezero wrote:
       | This fits with dispatch also going encrypted in a lot of
       | districts. The less people know the better for the police.
        
       | oh_sigh wrote:
       | The title should not be editorialized: The actual title is
       | "Arizona House approves ban on close-up videotaping of police
       | officers"
        
       | nodesocket wrote:
       | Why do leftist political stories make the front page of HN
       | without any hint of "off-topic" flagging? I've been active on HN
       | since 2011 and have watched the slow but steady exodus of startup
       | and business stories and more and more left leaning only
       | political ideology overrun the community. It's nearly a complete
       | echo chamber.
        
         | DoctorOW wrote:
         | Politics stories can be relevant hacker news. Stories about
         | privacy, intellectual property, and other things the tech
         | community are interested in often intersect with politics.
        
         | knowaveragejoe wrote:
        
         | brayhite wrote:
         | Why is this a "leftist" issue?
         | 
         | Does it matter that traditionally libertarian sources would
         | agree this law is bogus? https://reason.com/2022/01/21/glenn-
         | youngkin-qualified-immun...
        
         | Marazan wrote:
         | In what way is reporting on not being able to film police a
         | "leftist" story.
         | 
         | It should be fundamentally an outrage to any libertarian right
         | winger.
        
       | Eddy_Viscosity2 wrote:
       | The solution to rampant police misconduct and law-breaking? Just
       | make it illegal to gather evidence of rampant police misconduct
       | and law-breaking. Problem solved _hand wiping motions_
        
         | kingcharles wrote:
         | LOL. What would you do if you had evidence of police
         | misconduct? Take it to the police? Take it to the prosecutor?
         | Take it to a judge?
         | 
         | Unless you can get it into the media you cannot get any
         | justice. From personal experience, even if you take hard
         | documentary evidence of misconduct to the police, prosecutor or
         | judge, each of them will laugh you out of the room.
         | 
         | Who watches the watchers?
        
           | ipaddr wrote:
           | Even then most media will ignore, youtube will take down
        
             | worik wrote:
             | > Even then most media will ignore, youtube will take down
             | 
             | That is not true!
             | 
             | The media is a sick puppy for all sorts of reasons, YouTube
             | a den of evil capitalist exploitation.
             | 
             | But your statement is untrue
        
               | heavyset_go wrote:
               | There are pro-law enforcement groups that brigade YouTube
               | and file bogus complaints, including DMCA violations,
               | against uploaded videos of police misconduct and
               | brutality. If they do it enough, YouTube will even ban
               | the uploaders and take down their videos.
        
         | jjcon wrote:
         | Possible Devils advocate - you can easily gather evidence while
         | not being within 8 feet of an officer. This could be more to do
         | with interfering with police activities than preventing
         | evidence collection. Potentially unconstitutional either way
         | but i imagine there are legit concerns with people/press being
         | that close to officers.
        
           | Brian_K_White wrote:
           | "you can easily gather evidence while not being within 8
           | feet"
           | 
           | Only a bystander can. The person who needs it the most,
           | can't.
           | 
           | Meanwhile, the police's own body cam is on while they are
           | within 8 feet of you. Assuming they didn't turn it off,
           | assuming you get access to it later, in a timely manner,
           | unedited...
           | 
           | There is an argument about interference and safety, but no
           | valid argument in the end, since there is no way to allow the
           | limitation without creating a tool for abuse that's worse.
           | 
           | Better to let actual cases of interference be tried as such.
           | Make the officer have to invoke a process after the fact, and
           | have to defend their claim of criminal or endagering
           | interference in court.
        
             | jjcon wrote:
             | > The person who needs it the most, can't.
             | 
             | This law is only about bystanders - if you're directly
             | involved you're still allowed to film
        
               | Brian_K_White wrote:
               | With what? That phone that just got knocked to the
               | ground? Or that phone you can't operate while you're
               | handcuffed or busy trying to breath gravel?
        
             | worik wrote:
             | Police body cam. That would be good.
             | 
             | In fact, if my impression of the news is correct, police
             | body cams do more to protect the police from unjustified
             | charges of abuse than they do to protect the victims of
             | police abuse.
             | 
             | Perhaps that is an effect of police unions? Perhaps it is
             | simply a good thing and we should have more of them?
             | 
             | People independent of the police filming it seems like a
             | good idea to me. For all concerned.
        
               | Brian_K_White wrote:
               | If only failing to have the cam present or running were
               | considered a super bad crime instigating a huge
               | investigation with a bias towards guilt and you have to
               | prove innocense.
               | 
               | Instead, at least in some places, cops get away with
               | turning their cams off or otherwise suffering mysterious
               | glitches and data loss.
               | 
               | There used to be standards for certain things where the
               | appearance of imporopriety was bad enough all by itself,
               | exactly because some things can't really be proven, like
               | how you can't prove a negative. That seems to be pretty
               | much gone now. Judges don't recuse themselves from cases
               | where they have a conflict of interest, and the other
               | judges just let them, etc.
               | 
               | So, in the sweet naive child view of the world, a cop
               | merely no being able to produce their body cam footage
               | for some incident, _no matter what they say or what the
               | story is_ should be almost automatic grounds for
               | dismissal of the whole case and maybe the cop too, or at
               | least a huge stink and huge investigation. But I don 't
               | think we live in that world we tell gradeschool kids we
               | live in.
        
           | vpilcx wrote:
           | I don't think you understand how the GOP operates now. 8ft
           | now, next year, they increase it. It's like what they do with
           | abortions.
        
           | duskwuff wrote:
           | > Possible Devils advocate - you can easily gather evidence
           | while not being within 8 feet of an officer.
           | 
           | Until the officer deliberately approaches you to prevent you
           | from recording?
        
             | jjcon wrote:
             | The law specifically states you can film if the officer is
             | interacting with you
        
           | TeaDrunk wrote:
           | If a cop is actively walking towards you, do you have to stop
           | recording once they reach 8 feet? How can you gather evidence
           | if there are a dozen cops surrounding the abuse, with them
           | approaching anyone who is outside 8 feet to force them
           | further and further away?
        
           | nkrisc wrote:
           | They can arrest you for recording at any distance, and then
           | drop the charges later and likely just get away with it. It
           | won't matter either way because they already achieved their
           | goal: stop you from recording.
        
             | worik wrote:
             | That is a very common tactic in my experience.
             | 
             | Arrest willy nilly, on court day withdraw the charges.
             | 
             | You can sue for "wrongful arrest". That would be a
             | tactically silly idea for almost everybody who has these
             | sorts of encounters
        
           | jkaplowitz wrote:
           | Journalist: _records from 9 feet away_
           | 
           | Police: Stop recording me.
           | 
           | Journalist: I'm more than 8 feet away, I have the right to
           | record.
           | 
           | Police: You're 7 feet away. Last warning.
           | 
           | Journalist: _is still 9 feet away so keeps recording_
           | 
           | Police: Arrests journalist, confiscates recording
           | 
           | District attorney: _Reviews footage, sees that the journalist
           | was more than 8 feet away, drops charges_
           | 
           | Journalist: _sues for wrongful arrest_
           | 
           | Court: Being able to count distance accurately is not a job
           | requirement for a police officer. Wrongful arrest claim
           | denied
           | 
           | Journalist: _files claim for return of recording_
           | 
           | Police department: We are unable to find this recording. (Or,
           | alternatively, they wipe the media before returning it.)
        
           | yalogin wrote:
           | You know what's going to happen. The cop sees the person
           | recording and walks towards him asking if they are recording
           | and gets inside 8 ft and arrests them. Easy! Or another cop
           | dashes the person recording just to stop and arrest the
           | recording
        
           | mwt wrote:
           | The text of the bill is focused on recording, not physical
           | interference (for which there appears to be existing laws)
           | 
           | https://www.azleg.gov/legtext/55leg/2R/summary/H.HB2319_0223.
           | ..
        
           | Eddy_Viscosity2 wrote:
           | Once the police have the ability to arrest people for
           | videoing them, they will use it whenever they please. Then
           | argue after the arrest whether or not it was '8 feet' or not.
           | The person video-taping still gets put into custody and has
           | to deal with all of the consequences of that, including a not
           | so gentle arrest. Then, best case, if they can prove it was
           | outside 8 feet, they might get the charges dropped, but they
           | won't be able to sue or at least it be very unlikely to
           | succeed. The functional result (if this bill passes the
           | senate) is that the police in arizona can, and will, arrest
           | anybody they want to who video tapes them. Following that
           | will be similar bills in other states.
           | 
           | Being arrested is a big deal and you could be in jail for
           | some time, even if the charges are dropped. Whereas unlawful
           | arrest could result in consequences for officers, this law
           | would give that arrest at least a pretext of being
           | reasonable, all they have to say is they misjudged the
           | distance and then are off the hook - "honest mistake".
        
             | Kye wrote:
             | Yep. They already yell "stop resisting!" at people who are
             | _clearly_ not resisting to prime the memories of witnesses.
             | "You're too close!" fits right into that dynamic.
        
             | nonrandomstring wrote:
             | > Once the police have the ability to arrest people for
             | videoing them, they will use it whenever they please.
             | 
             | Maybe not quite. An interesting dilemma arises. If our law
             | abiding, peace officers arrest someone for filming - then
             | that media becomes the evidence in an arrest. So they may
             | safely arrest someone so long as they (the police) are
             | doing nothing wrong while the cameraman is is "illegally"
             | filming them.
             | 
             | But then why would anyone be filming police who are doing
             | nothing wrong?
             | 
             | As soon as the police are engaged in acts of violence, and
             | people start filming them, it would not be in their
             | interests to arrest anyone, unless they were prepared to
             | follow through, destroy evidence, intimidate detainees into
             | silence or commit perjury.
             | 
             | So this idea puts the police into an interesting bind, and
             | suggests it would only have consequences that lead quickly
             | to tyrannical outcomes.
        
               | DoctorOW wrote:
               | > _As soon as the police are engaged in acts of violence,
               | and people start filming them, it would not be in their
               | interests to arrest anyone, unless they were prepared to
               | follow through, destroy evidence, intimidate detainees
               | into silence or commit perjury._
               | 
               | We already see this happening. IIRC Police unions are the
               | only people allowed to review the evidence for the first
               | 24 hours and are free from consequence were it to get
               | "lost".
        
           | hsfhdfhsdfhs wrote:
           | The problem is if your rights are being violated by an
           | officer, that officer is probably within eight feet of you.
           | It's bullshit that you're not permitted to record your rights
           | being violated.
        
             | everfree wrote:
             | According to the article, the ban only applies when the
             | officer is interacting with someone other than yourself.
        
               | Brian_K_White wrote:
               | The officer that just took your phone from you? Or
               | handcuffed you? That officer?
               | 
               | Or one of the other officers standing around in any of
               | the other 359 degrees where your phone isn't pointing?
               | 
               | There is just no way to make any of their excuses
               | actually hold water.
        
               | alphabettsy wrote:
               | Then the law isn't necessary because officers already
               | have lawful authority to enforce a "reasonable" safety
               | boundary.
        
         | [deleted]
        
         | quantified wrote:
         | I bet it goes through because 8 feet is close enough to get to
         | a cop without getting bit, and it's up to the cop saying it's
         | dangerous which they'll never do unless it really is.
        
       | [deleted]
        
       | Brian_K_White wrote:
       | Since you are allowed to film your own interaction, you just
       | can't be a bystander withn 8 feet, I think that just means go
       | ahead and film anyway, because simply by being ther, it is your
       | interaction also.
       | 
       | If a cop is harassing someone for loitering, and you for
       | violating the 8ft rule, either way, you are involved in an
       | interaction between a cop and yourself, and so you are allowed to
       | film it, and so what the hell was the point of the excercise,
       | except to make people afraid and inhibited from protecting
       | themselves?
        
         | prh8 wrote:
         | > to make people afraid and inhibited
         | 
         | Ding ding ding. Arizona resident here. This state sucks.
        
         | sixothree wrote:
         | If a policeman gives you an order, that sounds like an
         | interaction to me. If I am being forced to do something by the
         | police at threat of arrest, I certainly have a right to record
         | it.
         | 
         | But I am guessing republicans will find a way to warp logic
         | around this.
        
           | giraffe_lady wrote:
           | It's so jarring to read comments like this because shows me
           | how wide the range of interactions with police really is.
           | 
           | Do you think the police care about your rights? They've
           | certainly never given a shit about mine.
        
             | djbusby wrote:
             | I'm 40 something. Never had a good interaction with police
             | (Oakland, Berkeley, SF, Seattle, Portland).
             | 
             | I'm sure they don't care about our rights.
        
               | TameAntelope wrote:
               | I've had a number of positive interactions with the
               | police. Many, _many_ times I 've been let off, warned,
               | been given advice, etc.
               | 
               | I bet I could film the police and it'd be fine.
               | 
               | I am, of course, a straight, white, wealthy male. So sad
               | that's how it goes.
        
           | Brian_K_White wrote:
           | I'm sure in the end the way it works is you get the fine
           | because the cop was not originally seeking you out, you
           | sought them out.
           | 
           | IE, you have a right to film your interaction about violating
           | the 8ft rule just like you are allowed to film your
           | interaction about breaking a speed limit. And just like you
           | might actually be guilty of beeaking the speed limit, you
           | might actually be guilty of breaking the 8ft rule, of someone
           | else's interaction.
           | 
           | It's not even really invalid, just somehow still pretty
           | convenient for one party, and it's the party that already
           | wields the power of the state.
        
         | krsdcbl wrote:
         | Thats exactly the point. It's legislation that in practice
         | leaves enough room to still be constitutional and
         | democratically viable, but can be communicated in a way that
         | deter people from documenting police
        
         | giraffe_lady wrote:
         | > what the hell was the point of the excercise, except to make
         | people afraid and inhibited
         | 
         | Those aren't unfortunate side effects it's the entire purpose.
        
         | 34679 wrote:
         | >It also now allows someone who is in a car stopped by police
         | or is being questioned to tape the encounter *and limits the
         | scope of the types of police actions that trigger the law to
         | only those that are possibly dangerous.*
         | 
         | I've read that several times, and I think they're saying you
         | can't record the encounter if it's not dangerous? Of course,
         | the police would say there was never any danger, as they're
         | there "to protect and serve".
        
           | schrectacular wrote:
           | Dangerous encounters trigger the law which prohibits filming
           | up close.
        
             | chaboud wrote:
             | So if they start beating you, you have to stop filming?
             | (Kidding... Kind of)
             | 
             | I can't see how this could reasonably constitutionally
             | hold, but that rarely stops legislators.
        
         | jsnodlin wrote:
        
       | everfree wrote:
       | The title is editorialized to be misleading. They aren't moving
       | to ban video recording of police.
       | 
       | The ban is on recording _from within a distance of 8 feet, while
       | the officer is interacting with someone else_ , which seems
       | reasonable enough to me. There's nothing you're going to miss by
       | standing 8 feet back from an investigation while you're
       | recording.
        
         | V__ wrote:
         | "Excuse me, you with the camera, can you come over here for a
         | second" -> arrested.
         | 
         | "Excuse me, you with the camera, can you come over here for a
         | second".. the person moves away.. "why are you running" ->
         | arrested.
         | 
         | Cop moves towards the person filming -> arrested.
         | 
         | It's a law which will be abused.
        
         | usrusr wrote:
         | The person the officer is interacting with might be concerned
         | in a very different way about what they say to a police
         | officer, vs what they say to a police officer _while a random
         | or perhaps not random at all_ third party is recording. 8 ft
         | seems like a reasonable cutoff.
         | 
         | But something needs to be done about the abuse potential of
         | another officer walking towards the recording person, repeating
         | "eight foot rule! eight foot rule!" to continuously push back
         | the recording person so that their colleagues can proceed
         | unwatched.
        
           | everfree wrote:
           | As I mentioned, the article clarifies that the law only
           | applies in the case that an officer is interacting with a
           | third party.
           | 
           | A cop walking towards you is clearly interacting with you,
           | not a third party, thus the law would not apply.
        
             | usrusr wrote:
             | Thanks, missed that detail. Surprisingly well thought out
             | then!
        
           | garyfirestorm wrote:
           | The second part of your comment is the exact intention of
           | this law! That's exactly how it's supposed to work.
        
         | TillE wrote:
         | You think cops are gonna get out a tape measure before
         | arresting you for refusing to move back further? "8 feet" will
         | be like 20+ feet.
        
           | google234123 wrote:
           | The point of the law is to stop the people filming from tiny
           | distances and getting in the way. You can definitely tell 3
           | feet for example.
        
             | alphabettsy wrote:
             | There is already a law that makes it illegal to get in the
             | way.
        
           | everfree wrote:
           | Cops unlawfully arrest people all the time for multitudes of
           | reasons, but we have courts to deal with those cases of
           | unlawful arrest.
           | 
           | It should be very clear from an officer's body cam whether
           | the recording party is within 8 feet. That's a basic personal
           | space amount of distance.
        
             | TeaDrunk wrote:
             | What if the body cam happened to be off, glitchy, or data
             | was just lost on happenstance? What if even if the arrest
             | was unlawful the victim already lost their job?
        
               | everfree wrote:
               | If a body cam happened to be off, then it doesn't matter
               | whether a law like this is in effect or not.
        
               | jyounker wrote:
               | It does affect you if the police can force you turn off
               | your camera, or if they can later claim in court that
               | video evidence of their transgressions were illegally
               | obtained, and thus inadmissible.
        
             | jyounker wrote:
             | And cops get away with harassing people all the time. The
             | US courts have been doing an abysmal job of protecting the
             | citizenry from police abuse. (E.g. qualified immunity.)
             | 
             | The thing that has been to some extent reversing that trend
             | is cheap and ubiquitous video cameras.
        
         | tormock wrote:
         | The problem with that is that they get 12 cops to body-block
         | any cameras 8ft away or more... sometimes you have to be close
         | to get a good angle.
        
           | mymythisisthis wrote:
           | I think you're right. Usually a dozen cops respond to most
           | major calls. Now anybody trying to record, within a block of
           | the action, will be arrested and have their camera seized.
        
             | everfree wrote:
             | While these people may be arrested and their cameras may be
             | seized, they could easily sue for unlawful arrest if they
             | were more than 8 feet away at the time. Exactly the same as
             | if their cameras were seized before the 8-foot law were in
             | effect.
        
               | jyounker wrote:
               | I forsee many seized cameras being "accidentally damaged"
               | in Arizona's near future.
        
               | everfree wrote:
               | If police unlawfully seize and destroy your recorded
               | evidence, then it doesn't matter whether there was a law
               | like this in effect. The officer could make up any story
               | to justify their action under any law.
               | 
               | Mandatory body cam laws would be a lot more relevant in
               | that case, not 8-foot citizen recording laws.
        
               | jyounker wrote:
               | It gives them legal cover for seizing cameras. Right now
               | there is no legal justification for doing so.
        
             | tormock wrote:
             | They can also just block the view so that the camera is
             | useless...
        
           | everfree wrote:
           | Your comment, like many others in this thread, seems to be of
           | the form "what if the police do this other, unrelated,
           | illegal thing?"
           | 
           | The solution is to make sure there are repercussions for cops
           | doing illegal things, not to prevent laws from being passed
           | because cops might try to twist the intention of the law to
           | try to justify illegal acts.
           | 
           | Courts have a lot of discretion in deciding cases, and many
           | cases come down to a question of intent. If 12 cops
           | intentionally body-block someone who is recording, that's
           | something that a judge isn't likely to look at too fondly.
        
             | alphabettsy wrote:
             | > If 12 cops intentionally body-block someone who is
             | recording, that's something that a judge isn't likely to
             | look at too fondly.
             | 
             | That's all fine and well, but when they can just take your
             | device then you no longer have a video of whatever you were
             | attempting to record. Things used in a "crime" are subject
             | to seizure.
        
             | scarface74 wrote:
             | So who is going to stop cops from doing illegal things -
             | other cops? The judicial system that is also on the side of
             | the cops?
        
               | everfree wrote:
               | I can't design a new society in the comments section. The
               | question of how to reform the policing system to make
               | cops more accountable for unlawful actions isn't really
               | in the scope of this article.
        
               | hellotomyrars wrote:
               | The question of how is beyond the scope but the
               | implications of this specific legislation sure is. It is
               | incredibly open to abuse and arguably because of existing
               | legislation already surrounding interfering with police
               | entirely unnecessary outside of its very obvious abuse
               | potential.
               | 
               | Police should be subject to more scrutiny and not less.
               | This specifically makes it easier for them to evade
               | scrutiny. I struggle to see any good faith argument that
               | leads to less accountability or evidence in general. It's
               | almost comedic in a "What are you afraid of if you have
               | nothing to hide" sense that is often applied in the other
               | direction of police having authority beyond what is
               | reasonable.
        
             | jyounker wrote:
             | If you think US police won't abuse the law to evade
             | accountability then I think you haven't been paying
             | attention.
        
               | everfree wrote:
               | US police abuse the law to evade accountability all the
               | time, but I don't see how that's relevant to this
               | particular law.
        
               | jyounker wrote:
               | This law gives the police one more tool to evade
               | accountability.
               | 
               | People filming cops isn't a problem. It doesn't need to
               | be regulated.
        
       | asteroidp wrote:
        
       | SubiculumCode wrote:
        
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