Dealing with the online posting of citizen
recordings of law enforcement
As we know, law enforcement officers face
unique challenges every time they report for
work and assume their duties. The many, now
common, mobile devices held by suspects and
bystanders have made the job that much more
challenging in recent years. As evidenced by the
countless videos posted online, a popular trend
DAVID
continues to be the recording of officers in the
field while they are handling a call-for-service.
PAPROTA
Most often, it is a bystander or another involved
party who is holding a mobile phone toward the
officers as they face the potential danger of the call. The recording
frequently is accompanied by commentary questioning the officers’ actions or simply making accusatory comments of supposed
wrongdoing for the sake of the camera. Most often, the amateur
cameraperson can’t rush fast enough to post the video online via
social media.
Many of the earliest videos caught law enforcement officers by
surprise, leading to awkward interactions, and, sometimes, public
criticism of their actions. The increasing frequency of these occurrences has led to something of an expectation by officers that incidents are going to be recorded with or without their knowledge.
The old adage, “Always conduct yourself as if you are being record-
Critical Concepts
& Strategies, LLC
ed,” never has been more appropriate. Proceeding as if being
recorded has been, and continues to be, the smartest approach an
officer can take. In 2016, given the seemingly strong public
support for the open recording of police incidents, a skilled and
confident officer actually may welcome the recording of his or her
professional and proper handling of incidents. This is especially
true for those incidents that involve resistance, or some degree of
a combative atmosphere created by a suspect.
Simply put, fighting the ever-growing trend of overt or surreptitious recording of police action appears to be a futile effort. As law
enforcement professionals, we can’t control who records us in
public, and we can’t control what they do with the recording once
they’ve captured the footage. While we always have had the ability
to control a legitimate scene, in the viral age there are new challenges that require us to hone our skills and develop heightened
levels of awareness.
Abrupt questions on a motor vehicle stop like “Are you
detaining me?” are now more commonly answered by officers
with an assertive and confident “yes,” while the camera is running,
rather than an awkward and unsure response. There always will
be a debate regarding when it is appropriate not to allow someone
potentially involved in a scene to hold a camera or mobile phone,
but the courts have ruled that anyone standing in a public place,
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Dr. David A. Paprota, Ed.D.
Chief of Police / Executive Director
76
NEW JERSEY COPS
■
APRIL 2016
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Captain Troy E. Oswald , M.A.
Senior Instructor