Aberdeen, WA. — Montesano Today [area blog] is forced to issue the following travel advisory for travel in and around the Aberdeen Washington area until further notice. As recently reported in the Aberdeen Daily World, the city parks are now completely unsafe for adults or children due to the hypodermic needles discarded by drug users.
Dismayed residents gathered before the deaf eared Aberdeen city council relating their concern that the recent push by police to move the vagrants, prostitutes, and drug users off the downtown streets has only moved them into the residential neighborhoods. And the problem is growing.
Frightened Aberdeen city residents are now arming themselves with handguns against the drug users and vagrants who are becoming more aggressive, as reported in the Daily World.
Repeated crime associated with the drug users and vagrants has made a trip into the Wal Mart shopping section hazardous. Travelers are advised to lock their doors and windows, especially women traveling alone, when exiting the shopping center as vagrants are pushing themselves into vehicles in attempts to demand and extort money.
Prostitutes and beggars wander the parking areas, approaching people exiting their cars,
demanding money; reports of cars being keyed for not paying are common.
Avoid all ATM machines!
Many Montesano residents, myself included, do not let our wives and daughters shop in Aberdeen due to the threats to their safely without our accompaniment currently. Due to the continuing and increasing violence and threats that traveling through or shopping in the city creates, we advise joining Elma and start using the facilities available in Olympia.
Residents in Aberdeen continue to wonder why the situation is and has deteriorated to the point that many in the meetings with the City Council referenced “moving to Montesano” to get away from it. Unable to stop electing the same individuals to office, and expecting different results….. they seem perplexed. Unable to help themselves.
Montesano residents are advised to be on the look out for Aberdeen residents trying to escape.
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UPDATE: Sept 30th 2013 Apparently it is getting worse. Now the vagrants are peering into windows. One of the reasons Aberdeen is in the state it is in was on the radio this morning claiming the solution is to keep an eye on them. Right Alice……congratulations on twenty years in the Aberdeen Council correcting the problem. You Aberdeen residents should return her to office this election…..I am sure she will do better now. Right. What a joke.
UPDATE: Oct 3rd 20123 – It got worse. In a failed attempt to justify the money their department receives, thedirector of Grays Harbor Public Health, Joan Brewster, released an op-ed today (DW this date) about the number of nice shiny new needles they trade out through her office into the community….and I quote” ”550,000 needles so far this year”. That’s right, your county government is putting out over a half million of them…well, more as it’s only October and the party season is coming up. My advice for traveling to Aberdeen….if you must.…watch where you step and don’t touch anything. Rather than address the problem, they are baking the drug users a cake…..expect more coming – Aberdeen has the welcome mat out. There are millions of needles around that place as a result of the city catering to them. As one reader wrote me, “we don’t need protection from the Aberdeen drug users, we need protection from the County Health Department”.
The county cares so much about these people they say they must help them with free needles. don’t die today….just die a little bit today….and some more tomorrow….here we will help you…… No one would treat an animal this way, yet – the City of Aberdeen does.
UPDATE 9 Oct 2013 – we have received so many letters from Montesano residents expressing similar concerns about shopping in Aberdeen due to the safety, that we are relating a public service announcement:
MONTESANO RESIDENTS SHOPPING CONVOY
Montesano residents that must visit the Wal Mart shopping area are advised that a formal convoy for Saturday shopping trips will meet at the West freeway entrance in Montesano at 10:00 am. The convoy will proceed to a secure parking area in Aberdeen where volunteers will watch the vehicles. Departure from the lot back to Montesano at 12 noon sharp. Those that miss the departure are advised to travel out of the parking lot with caution and proceed directly out of the city. Lock all windows and doors!
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NOTE 9 Oct 2013. I don’t usually comment on these things, but today the Facebook community (I don’t do FB) apparently picked up on this column here in the Harbor. Where we usually receive about 500 or so visitors daily, being a small local focus blog, today – as of this writing, we expect about 25-30,000 individual visitors during this 24 hour period, a bit of a jump in traffic–hit a nerve Aberdeen? Along with this kind of traffic comes the expected mail. I will respond as follows from the few complaints. Save your writing to me. I didn’t give your city parks to the drug users over your children. It wasn’t me that made the decision to turn your shopping areas into crime zones that any husband or father would warn his family about or feel uneasy about letting them shop there. It wasn’t me that filled your city sewer systems with used needles that flood to the surface covering your town during heavy rains. And it isn’t me handing out close to a million free new needles into your community. That would be your county health department under the nose and with the support of your city leaders.
You might, however, write your city council members, Mayor, and police department who have made the choice that you and your family are unimportant. How a community could sacrifice their public parks and areas to drug users and vagrants over their children is beyond me. How a community could return any of them to office only serves as a public policy example of a failed community. Frankly, the County Commissioners should abate the entire place and put it under county authority. Aberdeen is a failed city. And I stand by that statement.
The footage below is dreadful, showing how people missed death, or maybe not, by minutes, seconds, the combo earthquake-tsunami, one of the worst disasters in history and, depending on the events at Fukushima’s nuclear reactors, possibly among the worst ever. 15,883 people died, 6,146 were injured with some 2,000+ still missing. These numbers don’t include the effects of the meltdown at Fukushima which is ongoing and could be even more catastrophic.
– The Olympian : Christian group told to stop feeding people in city lot
m.theolympian.com
Lower wrote that the complaints include “blocking vehicle traffic and parking,” “garbage and debris being left behind after your event,” “food handling safety” and “participant and public safety.”
Gisele, of Olympia, celetebrated her birthday w/friends as a stunning septuagenarian (the new 50) on Saturday night along with another birthday celebrant, Frank. It all happened at the Olympia Elks Club adjacent to Ralph’s Thriftway while guests danced the night away to live music played by Allen Penry and his Allen Dale Band.
Pia & Allen
It was a mixed congenial crowd with some pretty fancy 2-stepping numbers from the 50’s, 60’s, and 70’s. The food was tasty, the band was good, and the singer (Allen) wandered about the dance floor, occasionally dancing with one of the ladies, singing without missing a beat all the while.
Allen has been invited to play at this particular Elks Club once/mo., so it shouldn’t be hard to find him if you give the hall a call. Bring your dancing shoes.
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 1/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 2/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 3/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 4/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 5/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 6/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 7/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 8/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 9/10
Oly Elks Club Birthday Bash 10-5-13 w/Dale Allen Band 10/10
Olympia, WA. (10-3-13) — Art Walks is an Olympia tradition intended to provide inspiration for tourists to visit and buy from area merchants. With the City’s blessings, some 50 knitters donated their time and yarn to cozy the 4th Ave. Bridge with some eye watering color. The imaginative designs are irresistibly seductive.
Olympia, WA (10-3-13) — Ben and Denise Charles, founders of Crazy Faith Ministries describe themselves as warriors for the Lord. They have the support of the Nisqually people, Christians everywhere, and the vast majority of Olympia residents in their mission to feed the poor, the halt, the destitute, and the homeless. City of Olympia officials are threatening to criminalize their efforts and ordered them to stop feeding the multitudes on their regular Thursday evening and Saturday morning offerings from a public parking lot across the street from the bus terminal downtown. Ben has declared letting the poor go hungry is not an option. He has refused to comply with the City’s orders.
Trash Unrelated to the Good Samaritans
Sizable Turnout
Free Parking & Meals After 5:00 pm
Faith In Action
Man Does Not Live By Bread Alone!
Some may have read the Bible’s account of Christ ministering to and healing the sick on the Sabbath, a serious violation of the law in Jerusalem 2,000 years ago. But, City officials are in no mood to equivocate. They argue the gathering has drawn complaints from local merchants, disrupted traffic flow, interfered with parking, subjected some citizens to aggressive panhandling, endangered jaywalking pedestrians, violated food handling health codes, and left garbage/trash strewn about after the event. Volunteers at the event say they clean the parking lot both when they arrive, and before they leave. Others were seen cautioning attendees not to jaywalk. No panhandling was seen, servers wore gloves, and the food preparations looked clean/fresh.
City Sidewalk Place Mats
Free Parking…Unless You’re Hungry
Sidewalk Cafe
All In The Family
Man’s Best Friend
Patience
Not to be outdone, an equally resolute faith based group called City Gates Ministries has dedicated itself to serving the spiritual and basic needs of the poor by setting up their own hot meals and religious services on a nearby public parking lot diagonally adjacent to the one utilized by Crazy Faith. City Gates is also equally reluctant to let the poor go hungry despite the antipathy of City officials. The campaign of Olympia officials to eliminate, remove, or hide the homeless appears to have been stalemated…for the time being. It remains to be seen if they will require the City’s police to criminally cite good Samaritans in a county where no good deed seems to go unpunished.
Truck Battery Inverter Lights Old Glory
Rice Is Nice
Something for Everyone
Balanced, Healthy Nutrition
The event itself was pretty upbeat and mellow, the crowd congenial. The City Gates Ministry feed nearby was conducting a religious service by the time this reporter got to it. Some fact checking with businesses nearby (4th Ave. Tavern, Harlequin Theater, and The Reef restaurant) were not as congratulatory as the CFM organizer, Ben Charles, had claimed. Over all, however, the police presence was nearly invisible and the event seemed to have widespread support…for some pretty intuitive reasons.
Blessed Are The Children
No Government Handouts Here
Duet
Poverty On Parade
Ladies Mug for the Camera
The Reef manager on duty that evening allowed as to how there had been some issues with the restaurant’s dumpster (a service they hire) had been filled on a few occasions with the refuse/garbage from the food benefit. He related no other problems associated with the crowd’s actions, but hardly gave it the ringing endorsement Mr. Charles implied when naming it along with the 4th Ave. Tavern and the Harlequin Theater as supporters of his efforts.
Proud Mama & Son
Waiting for the Interurban
Talk To My Agent
Chained Dinner Roll
Wheelchair @ City Gates service
The Spirit Moved Them
The bartender in the 4th Ave. Tavern looked a bit like a pirate, but he didn’t want to be identified any more than the person interviewed at The Reef or, later, the Harlequin Theater staff. He’d worked at the tavern for over 17 years, he said, including those Thursdays the CFM held their benefit for Olympia’s hungry. He objected more to the characterization he chose for the beneficiaries than CFM itself. He, too, had witnessed trash piling up in the tavern’s private dumpster as well as the bed of his pickup truck when he had made the mistake of parking in the lot where the event was held. He argued many of those attracted to CFM’s hot meals were mentally ill, drug addicts, or miscreants who caused trouble hours after CFM had struck its tents and left for the evening. “When the trouble begins, they’re already long gone,” he said. The woman due to relieve him wasn’t present, but he alleged her take on the issue was decidedly more negative than his own. His statements contrasted dramatically with what Ben had claimed was a vote of confidence from the business only minutes earlier.
Fox News Beams Us Up
Non-Interference
United We Stand
Don’t Stop
Mama Dee
The Harlequin Theater staff were polite…too polite. Their theater company was putting on a production of Shakespeare’s Henry V for the entire month. But they would not comment on how they felt CFM’s event had affected them in the absence of the owner. When asked if they wanted to remain neutral, they opined, “Yes, like Switzerland!”
Volunteer
Ben Charles
Chicken Man
It occurred to yours truly, in hindsight, that many businesses were reluctant to openly criticize the feeding of the poor for philosophical as well as political and practical reasons, though the owner of the adjacent quilting supply shop had no such reservations. Some business owners who have openly opposed low barrier shelters for the homeless in their neighborhood have repeatedly had their business vandalized in the wee hours. There is a reluctance to be seen/heard, especially on the record, criticizing efforts to aid or assist the poor/homeless. At the same time, there has been considerable vilification of the poor/homeless. They are genuinely loathed by those business owners who see them as an impediment to having a profitable operation or an obstacle to their customers. Moreover, they are blamed for the vandalism and trash in the City’s streets.
4th Ave Tavern Selection
4th Ave Tavern Interior
4th Ave Tavern Exterior
The trash appears to be spread about as much by patrons as the poor/homeless given crowds of similar size. What isn’t clear is who is responsible for the vandalism. What is clear is in those public forums where such acts are discussed, it isn’t the homeless who brag about or encourage it. It is the more radical or criminally inclined self described anarchists in the community. The poor/homeless, fully engaged in the daily struggle to survive, appear to have been given a bum rap for the predilections of their life style anarchist would-be mentors.
Artesian Parking Lot
Tenderloin Security
Slippery Slope in an increasingly Gated City
The depths of perfidy vs. necessity came up again during a dinner meal at the Thai food restaurant just down the street a block or two from the artesian on 4th Ave. The waitress volunteered, when asked, that she believed many of those who took advantage of CFM’s largess weren’t ‘homeless’, or even poor, at all. She felt they were ‘lifestyle homeless’ who simply liked to hangout and had become a blight on the community.
The issue, ultimately, appears to turn on the degree of tolerance Olympia’s residents are willing to afford the less fortunate, and to some extent, the not so less fortunate. Many Olympia residents are willing to be generous, but many are not willing to risk their own safety to do so. The aggressive behavior of a few street denizens has tarred the lot in the minds of some City residents. But CFM’s “sins” are a red herring. There was not a little trash strewn about the City far from where the poor and hungry were being fed. There was even the occasional hypodermic needle on the pavement.
The stretch of 4th Avenue near the artesian has become a tenderloin district after dark. A sense of entitlement has pervaded street elements there to the point of consistently challenging a photojournalist walking through with a camera. A thriving black market in contraband and services can be seen operating there. It is almost the diametrical opposite of the ambiance surrounding the faith based ministries outreach to the poor, hungry, and homeless through their hot meals event. Once, not so long ago, another charitable effort was successfully discouraged/prohibited by the City from providing food/meals to the poor: Bread & Roses.
The City of Boston has agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit. Glik was arrested in 2007 on Boston Common for using his cell phone to record the arrest of another man. Police then arrested Glik, too, and charged him under the strict Massachusetts wiretapping statute. They eventually dropped the charges, but with the help of the Massachusetts ACLU, Glik filed a civil lawsuit against the city for false arrest.
Last year, the United States Court of Appeals for the First Circuit unanimously ruled that Glik had a “clearly established” First Amendment right to record the actions of public officials on a public sidewalk. Boston finally admitted it had made a mistake earlier this year, and Boston taxpayers will now be paying for the screw-up.
“The law had been clear for years that openly recording a video is not a crime,” Glik said in a statement. “It’s sad that it takes so much for police to learn the laws they were supposed to know in the first place. I hope Boston police officers will never again arrest someone for openly recording their public actions.”
Glik claims that officers in Boston’s Internal Affairs Division made fun of him when he filed his original complaint with the police department; he says they suggested he’d be better off filing a civil lawsuit instead. They probably aren’t laughing today.
The Massachusetts ACLU says that the City of Boston has changed its practices since Glik filed his lawsuit. The city “developed a training video based on facts similar to the Glik case, instructing police officers not to arrest people who openly record what they are doing in public.”
An Massachusetts ACLU spokesman tells Ars that Glik himself will receive $50,000 of the money; the rest will go to cover the costs of his legal case.
Washington Courts have upheld the right to surreptitiously record police/government officials in public venues.
Last week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony arrest for videotaping police roughing up a suspect. Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a “constitutionally protected right to videotape police carrying out their duties in public.” The Boston Police Department now explicitly instructs its officers not to arrest citizens openly recording them in public.
Slowly but surely the courts are recognizing that recording on-duty police is a protected First Amendment activity. But in the meantime, police around the country continue to intimidate and arrest citizens for doing just that. So if you’re an aspiring cop watcher you must be uniquely prepared to deal with hostile cops.
If you choose to record the police you can reduce the risk of terrible legal consequences and video loss by understanding your state’s laws and carefully adhering to the following rules.
Rule #1: Know the Law (Wherever You Are)
Conceived at a time when pocket-sized recording devices were available only to James Bond types, most eavesdropping laws were originally intended to protect people against snoops, spies, and peeping Toms. Now with this technology in the hands of average citizens, police and prosecutors are abusing these outdated laws to punish citizens merely attempting to document on-duty police.
The law in 38 states plainly allows citizens to record police, as long as you don’t physically interfere with their work. Police might still unfairly harass you, detain you, or confiscate your camera. They might even arrest you for some catchall misdemeanor such as obstruction of justice or disorderly conduct. But you will not be charged for illegally recording police.
Twelve states-California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington-require the consent of all parties for you to record a conversation.
However, all but 2 of these states-Massachusetts and Illinois-have an “expectation of privacy provision” to their all-party laws that courts have ruled does not apply to on-duty police (or anyone in public). In other words, it’s technically legal in those 48 states to openly record on-duty police.
Rule #2 Don’t Secretly Record Police (Washington Courts allow this!)
In most states it’s almost always illegal to record a conversation in which you’re not a party and don’t have consent to record. Massachusetts is the only state to uphold a conviction for recording on-duty police, but that conviction was for a secret recording where the defendant failed to inform police he was recording. (As in the Glik case, Massachusetts courts have ruled that openly recording police is legal, but secretly recording them isn’t.)
Fortunately, judges and juries are soundly rejecting these laws. Illinois, the state with the most notorious anti-recording laws in the land, expressly forbids you from recording on-duty police. Early last month an Illinois judge declared that law unconstitutional, ruling in favor of Chris Drew, a Chicago artist charged with felony eavesdropping for secretly recording his own arrest. Last August a jury acquitted Tiawanda Moore of secretly recording two Chicago Police Internal Affairs investigators who encouraged her to drop a sexual harassment complaint against another officer. (A juror described the case to a reporter as “a waste of time.”) In September, an Illinois state judge dropped felony charges against Michael Allison. After running afoul of local zoning ordinances, he faced up to 75 years in prison for secretly recording police and attempting to tape his own trial.
The lesson for you is this: If you want to limit your legal exposure and present a strong legal case, record police openly if possible. But if you videotape on-duty police from a distance, such an announcement might not be possible or appropriate unless police approach you.
Rule #3: Respond to “Shit Cops Say”
When it comes to police encounters, you don’t get to choose whom you’re dealing with. You might get Officer Friendly, or you might get Officer Psycho. You’ll likely get officers between these extremes. But when you “watch the watchmen,” you must be ready to think on your feet.
In most circumstances, officers will not immediately bull rush you for filming them. But if they aren’t properly trained, they might feel like their authority is being challenged. And all too often police are simply ignorant of the law. Part of your task will be to convince them that you’re not a threat while also standing your ground.
“What are you doing?”
Police aren’t celebrities, so they’re not always used to being photographed in public. So even if you’re recording at a safe distance, they might approach and ask what you are doing. Avoid saying things like “I’m recording you to make sure you’re doing your job right” or “I don’t trust you.”
Instead, say something like “Officer, I’m not interfering. I’m asserting my First Amendment rights. You’re being documented and recorded offsite.”
Saying this while remaining calm and cool will likely put police on their best behavior. They might follow up by asking, “Who do you work for?” You may, for example, tell them you’re an independent filmmaker or a citizen journalist with a popular website/blog/YouTube show. Whatever you say, don’t lie-but don’t let police trick you into thinking that the First Amendment only applies to mainstream media journalists. It doesn’t.
But how can you tell if an officer asking for ID has reasonable suspicion? Police need reasonable suspicion to detain you, so one way to tell if they have reasonable suspicion is to determine if you’re free to go. You can do this by saying “Officer, are you detaining me, or am I free to go?”
If the officer says you’re free to go or you’re not being detained, it’s your choice whether to stay or go. But if you’re detained, you might say something like, “I’m not required to show you ID, but my name is [your full name].” It’s up to you if you want to provide your address and date of birth if asked for it, but I’d stop short of giving them your Social Security number.
“Please stop recording me. It’s against the law.”
Rarely is it advisable to educate officers about the law. But in a tense recording situation where the law is clearly on your side, it might help your case to politely present your knowledge of state law.
For example, if an insecure cop tries to tell you that you’re violating his civil liberties, you might respond by saying “Officer, with all due respect, state law only requires permission from one party in a conversation. I don’t need your permission to record so long as I’m not interfering with your work.”
If you live in one of the 12 all party record states, you might say something like “Officer, I’m familiar with the law, but the courts have ruled that it doesn’t apply to recording on-duty police.”
If you’re approaching the scene of an investigation or an accident, police will likely order you to move back. Depending on the circumstances, you might become involved in an intense negotiation to determine the “appropriate” distance you need to stand back to avoid “interfering” with their work.
If you feel you’re already standing at a reasonable distance, you may say something like, “Officer, I have a right to be here. I’m filming for documentation purposes and not interfering with your work.” It’s then up to you to decide how far back you’re willing to stand to avoid arrest.
Rule #4: Don’t Share Your Video with Police
If you capture video of police misconduct or brutality, but otherwise avoid being identified yourself, you can anonymously upload it to YouTube. This seems to be the safest legal option. For example, a Massachusetts woman who videotaped a cop beating a motorist with a flashlight posted the video to the Internet. Afterwards, one of the cops caught at the scene filed criminal wiretapping charges against her. (As usual, the charges against her were later dropped.)
On the other hand, an anonymous videographer uploaded footage of an NYPD officer body-slamming a man on a bicycle to YouTube. Although the videographer was never revealed, the video went viral. Consequently, the manufactured assault charges against the bicyclist were dropped, the officer was fired, and the bicyclist eventually sued the city and won a $65,000 settlement.
Rule #5: Prepare to be Arrested
Keene, New Hampshire resident Dave Ridley is the avatar of the new breed of journalist/activist/filmmaker testing the limits of the First Amendment right to record police. Over the past few years he’s uploaded the most impressive collection of first-person police encounter videos I’ve ever seen.
Ridley’s calm demeanor and knowledge of the law paid off last August after he was arrested for trespassing at an event featuring Vice President Joe Biden. The arresting officers at his trial claimed he refused to leave when ordered to do so. But the judge acquitted him when his confiscated video proved otherwise.
With respect to the law Ridley declares, “If you’re rolling the camera, be very open and upfront about it. And look at it as a potential act of civil disobedience for which you could go to jail.” It’s indeed disturbing that citizens who are not breaking the law should prepare to be arrested, but in the current legal fog this is sage advice.
“Shut it off, or I’ll arrest you.”
At this point you are risking arrest in order to test the boundaries of free speech. So if police say they’ll arrest you, believe them. You may comply by saying something like “Okay, Officer. But I’m turning the camera off under protest.”
If you keep recording, brace yourself for arrest. Try your best not to drop your camera, but do not physically resist. As with any arrest, you have the right to remain silent until you speak with a lawyer. Use it.
Remember that the camera might still be recording. So keep calm and act like you’re being judged by a jury of millions of your YouTube peers, because one day you might be.
If you’re one of them, you should consider installing a streaming video recording and sharing app such as Qik or Bambuser. Both apps are free and easy to use.
Always Passcode Protect Your Smartphone
The magic of both apps is that they can instantly store your video offsite. This is essential for preserving video in case police illegally destroy or confiscate your camera. But even with these apps installed, you’ll want to make sure that your device is always passcode protected. If a cop snatches your camera, this will make it extremely difficult for her to simply delete your videos. (If a cop tries to trick you into revealing your passcode, never, never, never give it up!)
Keep in mind that Qik and Bambuser’s offsite upload feature might be slow or nonexistent in places without Wi-Fi or a strong 3G/4G signal. Regardless, your captured video will be saved locally on your device until you’ve got a good enough signal to upload offsite.
With a little bit of practice you should be able to pull your smartphone from your pocket or purse, turn it on, enter your passcode, open the app, and hit record within 10 seconds. Keep your preferred app easily accessible on your home screen to save precious seconds. But don’t try to shave milliseconds off your time by disabling your passcode.
Both apps share an important feature that allows your video to be saved if your phone is turned off-even if you’re still recording. So if you anticipate that a cop is about to grab your phone, quickly turn it off. Without your passcode, police won’t be able to delete your videos or personal information even if they confiscate or destroy your phone.
With the iPhone 4 and Samsung Galaxy Android devices I tested, when the phone is turned off the Qik app immediately stops recording and uploads the video offsite. But if the phone is turned off while Bambuser records, the recording continues after the screen goes black.
This Bambuser “black out” feature is a double-edged sword. While it could easily trick cops into thinking you’re not recording them, using it could push you into more dangerous legal territory. As previously mentioned, courts have shown a willingness to convict citizens for secretly recording police. So if you’re somehow caught using this feature it might be easier for a prosecutor to convince a judge or jury that you’ve broken the law. It’s up to you to decide if the increased legal risk is worth the potential to capture incriminating police footage.
Other Recording Options
Cameras lacking offsite recording capability are a less desirable option. As mentioned earlier, if cops delete or destroy your footage-which happens waytoooften-you might lose your only hope of challenging their version of events in court. But if you can hold on to your camera, there are some good options.
Carlos Miller is a Miami-based photojournalism activist and writer of the popular Photography is Not a Crime blog. While he carries a professional-end Canon XA10 in the field, he says “I never leave home without a Flip camera on a belt pouch. It’s a very decent camera that’s easier to carry around.”
The top-of-the-line Flip UltraHD starts at $178, but earlier models are available for $60 on Amazon. All flip models have one-button recording, which allows you to pull it out of your pocket and shoot within seconds. The built-in USB then lets you upload video to YouTube or other sharing sites through your PC.
Small businessman and “radical technology” educator Justin Holmes recommends the Canon S-series line of cameras. In 2008, his camera captured a police encounter he had while rollerblading in Port Dickenson, New York. His footage provides an outstanding real-life example of how a calm camera-toting citizen can intelligently flex their rights.
“I typically carry a Canon S5-IS,” Holmes says. “But if I was going to buy one new, I’d go for the SX40-HS. If I were on a budget and buying one used, I’d go for S2-IS or S3-IS.” The features he regards as essential include one-touch video, high-quality stereo condenser microphones, fast zoom during video, and 180×270 variable angle LCD. But the last feature he regards as “absolutely essential.” With it the user can glance at the viewfinder while the camera is below or above eye level.
Rule #7: Don’t Point Your Camera Like a Gun
“When filming police you always want to avoid an aggressive posture,” insists Holmes. To do this he keeps his strap-supported camera close to his body at waist level. This way he can hold a conversation while maintaining eye contact with police, quickly glancing at the viewfinder to make sure he’s getting a good shot.
Obviously, those recording with a smartphone lack this angled viewfinder. But you can get a satisfactory shot while holding your device at waist level, tilting it upward a few degrees. This posture might feel awkward at first, but it’s noticeably less confrontational than holding the camera between you and the officer’s face.
Also try to be in control of your camera before an officer approaches. You want to avoid suddenly grasping for it. If a cop thinks you’re reaching for a gun, you could get shot.
Becoming a Hero
If you’ve recently been arrested or charged with a crime after recording police, contact a lawyer with your state’s ACLU chapter for advice as soon as possible. (Do not publicly upload your video before then.) You may also contact Flex Your Rights via Facebook or Twitter. We’re not a law firm, but we’ll do our best to help you.
If your case is strong, the ACLU might offer to take you on as a litigant. If you accept, your brave stand could forever change the way police treat citizens asserting their First Amendment right to record police. This path is not for fools, and it might disrupt your life. But next time you see police in action, don’t forget that a powerful tool for truth and justice might literally be in your hands.
State sanctioned assassinations have become a part of our current culture. 10 years ago, I had never heard of such a thing. Now we know the global governments practice this regularly. Two American journalists are working together to expose the role of the US National Security Agency in what they described as a “US assassination program.” Contributor to The Nation magazine Jeremy Scahill and Rio-based journalist Glenn Greenwald are working on the project. “The connections between war and surveillance are clear. I don’t want to give too much away but Glenn and I are working on a project right now that has at its center how the National Security Agency plays a significant, central role in the US assassination program,” Scahill said on Saturday.
“Truth is Treason in the Empire of Lies.” -Ron Paul-
“There are so many stories that are yet to be published that we hope will produce ‘actionable intelligence,’ or information that ordinary citizens across the world can use to try to fight for change, to try to confront those in power,” he added. Greenwald was the first journalist who broke the revelations about US spying programs based on documents leaked by former NSA contractor Edward Snowden. “The really important thing to realize is the desire for surveillance is not a uniquely American attribute,” Greenwald was quoted as saying by the Associated Press. “America has just devoted way more money and way more resources than anyone else to spying on the world,” he added.
Greenwald also praised discussions by some South American governments to find ways to circumvent American control over the Internet. “But I think it’s also very important to keep in mind that whenever governments, be it the US government or the Brazilian government or anybody else, starts talking about regulating the Internet, even when they tell you it’s designed to protect your privacy from the American government . There is also the danger that the Brazilian government or any other government or international institution will want to simply replace the United States as the entity that is monitoring your communications,” he said. Court documents have shown that the NSA violated privacy rules for years with its surveillance practices. The documents released over the past few months reveal a troubling picture of a super spy agency that has sought and won far-reaching surveillance powers to run complex domestic data collection without anyone having full technical understanding of the process. The privacy violations were first revealed by Snowden in June. He leaked confidential information that showed the NSA collects data of phone records and Internet communication of American citizens.
director of Grays Harbor Public Health, Joan Brewster, released an op-ed today (DW this date) about the number of nice shiny new needles they trade out through her office into the community….and I quote” ”550,000 needles so far this year”. That’s right, your county government is putting out over a half million of them…well, more as it’s only October and the party season is coming up. My advice for traveling to Aberdeen….if you must.…watch where you step and don’t touch anything. Rather than address the problem, they are baking the drug users a cake…..expect more coming – Aberdeen has the welcome mat out. There are millions of needles around that place as a result of the city catering to them. As one reader wrote me, “we don’t need protection from the Aberdeen drug users, we need protection from the County Health Department”.
