Appropriate Responses
available to the public. In the last instance, trespass-
er warnings should first be given.
Agencies are encouraged to arm their officers with
Where the person is bordering on unlawful ob-
the best weapon available: information. An officer who
struction, respectfully and politefully informing
quickly understands the situation is in complete con-
them that their actions are interfering with the of-
trol. Appropriate responses might include:
ficer’s performance of duties and asking them to
Turning the situation around. The officer might say, “I move to a less intrusive position.
love to have my picture taken. Can we make it a
Before considering enforcement action, such as ar-
selfie? Make sure you include my friend. And by the
rest, calling a supervisor.
way, take my email address so you can send me a
copy. Thanks.”
James Westbury wrote for us that appears in
our Liability Beat. James is currently the GMA
Property & Liability Claims managers. He is also
Capturing the auditors’ image or images photograph- an Attorney that has specialized in city/cases re-
ically with a bodycam or cell phone.
lated cases.
Taking no actions to intimidate or coerce the person.
Not insisting on identification to change the consensu-
Endnotes
al nature of the encounter.
Not arresting the person unless they are engaging in a i. T erry v. Ohio, 392 U.S. 1 (1968).
bona fide, separate crime. For example, walking ii. Id. at 21.
around an open police parking lot and taping is not a iii. Brown v. Texas, 443 U.S. 47, 53 (1979).
crime, as compared to jumping over a locked gate iv. Berkemer v. McCarty, 468 U.S. 420 (1984).
which may be trespassing on public property.
v. Immigration and Naturalization Service
v. Delgado, 466 U.S. 210 (1984).
Departments are encouraged to review their policies
vi. Florida v. Bostick, 501 U.S. 429 (1991).
on recording law enforcement activity and provide
supplemental training to officers as needed. Because vii. Smith v. Curry, 212 F.3d 1332 (11th Cir. 2000).
the actions of auditors are intended to provoke an viii. Abella v. Simon, 522 Fed. Appx. 872
emotional reaction from law enforcement, officers (2013); accord Bowens v. Superintendent of
are best prepared to deescalate the situation with Miami South Beach Pol. Dept., 557 Fed.
training and professionalism. The auditor who real- Appx. 857 (2014).
izes the jig is up will go someplace else to cause ix. O.C.G.A. § 16-11-36.
trouble.
x. Bell v. State, 252 Ga. 267 (1984).
Not obstructing, interfering, or hindering
the person’s ability to videotape in any way, unless
such actions put the officer’s safety or the safety of
another person at risk, the person has entered a
clearly marked crime scene, the person enters an
area closed to the public due to an ongoing emer-
gency, or the person enters property not generally
www.gachiefs.com • Page 23 • 2nd Quarter Newsletter