New York Daily News – by Thomas Tracy
What’s good for the goose isn’t good for the gander — especially when it comes to cops and smartphones.
Cops throughout the department were sternly warned against using their personal cell phones to record video or take pictures while on duty unless authorized by a supervisor, the Daily News has learned.
“Members of the service are reminded that any video or audio created by any device, including a personal device becomes a record for legal purposes and is therefore subject to applicable evidentiary laws,” NYPD administrators said in an order dated Aug. 7 which prohibits cops from taking photos or video and audio recordings “during any encounter.”
The memo was sent out a day after rank-and-file cops were reminded that they can’t legally take action to stop someone from filming them while they’re on the beat.
It also comes as the NYPD is considering the use of body cameras to record interactions with the communities they serve.
If an officer records an encounter with the public on his or her cell phone, it “may become the subject of discovery during a criminal or civil proceeding” and “must be properly made available to the relevant prosecutors office or the New York City Law Department,” the order states.
MARC A. HERMANN/FOR NEW YORK DAILY NEWSThe memo was sent out a day after rank-and-file cops were reminded that they can’t legally take action to stop someone from filming them while they’re on the beat.No particular court case prompted the warning and the “no record” rule has been on the books for some time, according to an NYPD spokeswoman.
“We frequently issue internal memos to members of the service reminding them of the department’s policy and procedures,” the spokeswoman said.
More and more NYPD interactions with the public are being recorded and posted on the Internet.
Video also played a significant role in shaping reaction to the death of Eric Garner of Staten Island, who died after a cop placed him in a chokehold — a move banned by the NYPD.
The Civilian Complaint Review Board is currently reviewing cases where camera-shy cops obstructed people from recording them on the streets in the hopes of providing training suggestions to NYPD administrators.
“If an officer records an encounter with the public on his or her cell phone, it “may become the subject of discovery during a criminal or civil proceeding” and “must be properly made available to the relevant prosecutors office or the New York City Law Department,” the order states.”
It would end up the same as Lerner’s hard drive.