Posts Tagged ‘regions’

Homestead PD Still Doesn’t Know Photography Is Not A Crime

Thursday, June 15th, 2017

Homestead Police Department (HPD), in South Florida, has myriad problems respecting the First Amendment. I went to HPD this week to serve some officers in a civil rights suit, the story was covered earlier. While entering I discovered that HPD still has not learned that photography is not a crime.
I covered HPD officer John Frank, last year, him initially claiming that I could not take his picture. He quickly backed down once I started recording the video below. HPD adopting a policy such as shown in the sign above makes it understandable that some of their officers would fail to realize that photography is not a crime.
[youtube https://www.youtube.com/watch?v=WixzsV0H-A8?feature=oembed&w=620&h=349] However, HPD officers such as Tony Sincore realize that it is our right to record them and to record within the station. The below video was taken by another local victim of HPD abuse.
[youtube https://www.youtube.com/watch?v=QeZ5Ioy1ZSc?feature=oembed&w=620&h=349] Photography Is Not A Crime, is not only our name as an organization, it’s the law. It is also part and parcel of our First Amendment right as Americans to gather information on governmental affairs. First, I will address briefly herein the legal issues of video recording with sound which is legally equivalent to audio recording. Then I will cover photography which is legally equivalent to video without sound.
The Florida wire tap statute, FSS. 934.03, makes it illegal to intercept an “oral communication”, i.e. voices, without the consent of all parties. In this way video recordings having audio and/or audio recordings could be a crime, in some cases. Yet, the definition, FSS. 934.02, of “oral communication”, excludes conversations having no expectation of privacy, see also State v. Inciarano. Additionally, what can be plainly seen or overheard in public is covered by the plain view doctrine.
Katz v. United States establishes that no person in the publicly accessible lobby of the police department would have an expectation of privacy. Further, it must be noted that Constitutional rights, such as privacy, protect citizens from

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