Crime & Law Enforcement Issues & Death Penalty/Is this correct yes or no

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“As a basic principle, we can’t tell you to stop recording,” says Delroy Burton, chairman of D.C.’s metropolitan police union and a 21-year veteran on the force. “If you’re standing across the street videotaping, and I’m in a public place, carrying out my public functions, [then] I’m subject to recording, and there’s nothing legally the police officer can do to stop you from recording.”

“What you don’t have a right to do is interfere,” he says. “Record from a distance, stay out of the scene, and the officer doesn’t have the right to come over and take your camera, confiscate it.”

Officers do have a right to tell you to stop interfering with their work, Burton told me, but they still aren’t allowed to destroy film.

Answer
In principle, yes, this is correct. However, there is a lot of "wiggle room" for law enforcement if they can articulate that your "filming" was interfering with their official duties.

A good rule of thumb is the further away you are from the actual scene, the better you are.

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Crime & Law Enforcement Issues & Death Penalty

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Kevin M. Tamez

Expertise

An adjudicated expert in most, if not all, federal/state criminal investigations. Also an adjudicated and CJA approved expert in federal post-conviction advocacy, sentencing mitigation and the federal prison system.

Experience

27-years in both state and federal law enforcement.

Education/Credentials
Bachelor of Arts Degree and Graduate Studies at George Washington University. Graduate of the Northern Virginia Criminal Justice Academy as well as both the Basic and Advanced Special Agent Courses at Quantico, VA.

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