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This forum is for discussions that are NOT related to the US Hawks. This area is provided for the convenience of our members, but the US Hawks specifically does not endorse any comments posted in this forum.
Pinned by The Battousai The Battousai1 month ago The Fifth Circut just affirmed the Right to Record Police as protected by the First Amendment; We conclude that First Amendment principles, controlling authority, and persuasive precedent demonstrate that a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions. Filming the police contributes to the public’s ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy. Filming the police also frequently helps officers; for example, a citizen’s recording might corroborate a probable cause finding or might even exonerate an officer charged with wrongdoing. As one court explained: Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Moreover, as the [Supreme] Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’” This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties. Ensuring the public’s right to gather information about their officials not only aids in the uncovering of abuses, but also may have a salutary effect on the functioning of government more generally.
Good article Bill. This proposed legislation follows the disturbing trend of creating special classes of people that get special protections under the law. Assault should be assault regardless of the job (or skin color or religion or gender identity...) of the victim.
Thanks for the post. The link is worth reading.
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http://www.nmlea.dps.state.nm.us/legal/documents/Laws_of_Arrest-Part_II.pdf Laws of Arrest in New Mexico (pdf) REASONABLE SUSPICION AND PROBABLE CAUSE A reminder about reasonable suspicion and probable cause Need reasonable suspicion to stop and detain someone. Need reasonable suspicion a person is armed or dangerous to do a “pat down.” Need probable cause to arrest someone. There are exceptions: community caretaker, protective custody, roadblocks. ________________________________________________________________________ http://www.nmlea.dps.state.nm.us/legal/documents/Laws_of_Arrest-Part_I.pdf EXAMPLE An example may be the best way to clarify and understand reasonable suspicion and probable cause. Suppose it is 2:00 in the morning and we’re in a classroom. We’re in a high crime area. There is a business across the street. It can be any kind of business but this one sells televisions and DVD’s and so forth. The business is now closed. NO SUSPICION We look outside the window and see a young man walking through the parking lot in front of the store. The parking lot in front of the store is well- lit. Would you run out and stop the young man? Would you demand ID? Would you arrest him for concealing ID if he refused to give you ID? ANSWER: An officer can question the young man and ask for ID. But the officer cannot stop (detain) the young man unless he or she has reasonable suspicion. The young man may refuse to provide ID. If we don’t have reasonable suspicion to detain him, we cannot arrest him for Concealing ID