NYPD Union sues to stop release of all body cam footage; cite civil rights violations

Starman

New Member
https://lawandcrime.com/police/nypd...ge-because-it-violates-officers-civil-rights/

The Article said:
The largest police union in New York City is suing Mayor Bill De Blasio in order to stop the release of any and all body camera footage obtained by officers with the New York City Police Department (“NYPD”).

The Patrolmen’s Benevolent Association (“PBA”) filed the lawsuit on January 9, claiming that the release of police body camera footage amounts to a violation of NYPD officers’ civil rights.

I wonder what ever happened to the "If you have nothing to hide..." defense?

Link to the actual complaint: https://www.courthousenews.com/wp-content/uploads/2018/01/BodycamsNYC.pdf
 

Starman

New Member
I would say it violates the privacy of those they are recording, without permission to record.

Like CCTV, etc., without permission.

Same legal principle applies: no expectation of privacy in public. Very much covered ground in our court system.
 

This_person

Well-Known Member
Easy peasy.

Those laws only apply if there is an expectation of privacy. When one is in public there is no expectation of privacy.

Why? Are you saying it is reasonable to stop me and ask me for my identification? That I am not reasonable if I expect that privacy?
 

Starman

New Member
Why? Are you saying it is reasonable to stop me and ask me for my identification? That I am not reasonable if I expect that privacy?

I am saying there is no expectation of privacy while in public. So if you’re expecting there to be, then yes, you’re not being reasonable.
 

This_person

Well-Known Member
I am saying there is no expectation of privacy while in public. So if you’re expecting there to be, then yes, you’re not being reasonable.

Interesting. So, no problem with license-plate readers, or TSA, or DWI stops "randomly", or searches of my car without a warrant then, since my car is in public, right?
 

Starman

New Member
Interesting. So, no problem with license-plate readers, or TSA, or DWI stops "randomly", or searches of my car without a warrant then, since my car is in public, right?

Try and focus. This piece is about body cam footage.

I have no problem with license plate scanners, as they are (a) government property and they can do as they want with their property. That’s been adjudicated in a court; and (2) yes I’m in public and that’s the way it works.

The rest I’m opposed to, but it doesn’t fit in this context at all, so not worth addressing.
 

This_person

Well-Known Member
Try and focus. This piece is about body cam footage.

I have no problem with license plate scanners, as they are (a) government property and they can do as they want with their property. That’s been adjudicated in a court; and (2) yes I’m in public and that’s the way it works.

The rest I’m opposed to, but it doesn’t fit in this context at all, so not worth addressing.

Of course it is in context. If you can say I have no expectation of privacy, that means I have NO expectation of privacy. If my car is on the road, I am in public. Anything you do to search it is in public - where I have no privacy. Either I CAN or I can NOT expect privacy - which is it?
 

Starman

New Member
Of course it is in context. If you can say I have no expectation of privacy, that means I have NO expectation of privacy. If my car is on the road, I am in public. Anything you do to search it is in public - where I have no privacy. Either I CAN or I can NOT expect privacy - which is it?

No, it's not in context. The context was set by you:

"Then, why do states have laws that prohibit recording unless both sides agree?"
 

This_person

Well-Known Member
No, it's not in context. The context was set by you:

"Then, why do states have laws that prohibit recording unless both sides agree?"

Try and focus...I'm talking about your court-asserted, resolved law that I have no expectation of privacy in public. That means my car can be searched, my body can be searched, my words can be recorded, my actions can be recorded....all of this is reasonable if I have no expectation of privacy if I am in public.

So, which is it - I can or cannot expect privacy in public?
 

Starman

New Member
Try and focus...I'm talking about your court-asserted, resolved law that I have no expectation of privacy in public. That means my car can be searched, my body can be searched, my words can be recorded, my actions can be recorded....all of this is reasonable if I have no expectation of privacy if I am in public.

So, which is it - I can or cannot expect privacy in public?

Yes, your words and actions can be recorded. The 4th amendment doesn’t limit what the government can do with respect to those things.

Your car, your body are not public therefore there is an expectation of privacy just as there would be with your house. And the government is limited in what they can do. And of course they can search your car or your body if they want to, but without a warrant or your permission they are limited in what they can do with what they find in terms of using it against you.

But this is about body cam footage which is not protected.
 

This_person

Well-Known Member
Yes, your words and actions can be recorded. The 4th amendment doesn’t limit what the government can do with respect to those things.

Your car, your body are not public therefore there is an expectation of privacy just as there would be with your house. And the government is limited in what they can do. And of course they can search your car or your body if they want to, but without a warrant or your permission they are limited in what they can do with what they find in terms of using it against you.

But this is about body cam footage which is not protected.

I disagree that my words are different from my other effects.
 

Hijinx

Well-Known Member
Excuse me but if they can wiretap and record a Candidate for the Presidency in his office building.
WHY do you expect privacy.?

You may expect it. You may deserve it, But the Government doesn't give a good damn about your privacy.
 
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