surreptitious reverse double first amendment audit trolley problems

Should you think about your duty, or about the consequences of your actions? Or should you concentrate on becoming a good person?

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Advocate
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Joined: Tue Sep 12, 2017 9:27 am
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surreptitious reverse double first amendment audit trolley problems

Post by Advocate »

Supposing i were to call the police on someone filming in an open but sensitive public area, a constitutionally protected activity, expecting police malfeasance, and then record the police response in order to gain evidence of them violating someone's rights, in order to sue them. And also approach the person afterward and tell them their rights and that they should have stood up for them.

Is there any ethical problem there?

Would it matter if it was the only viable way i could work to change a corrupt police department?

Would there be an ethical issue if the police responded appropriately?

What if the person has a warrant and gets shot running away?

What if i did it because i couldn't afford to get arrested?

What if i get caught recording the encounter and the footage is illegally erased?

What if i win a substantial private suit based not on my own footage but a public records request for the bodycam of the encounter?
Last edited by Advocate on Fri May 13, 2022 1:58 pm, edited 1 time in total.
Iwannaplato
Posts: 6591
Joined: Tue Aug 11, 2009 10:55 pm

Re: surreptitious reverse double first amendment audit trolley problems

Post by Iwannaplato »

I don't like the idea of calling the police hoping they will abuse rights. IOW I am hoping to increase the odds of a potentially violent abuse of rights.
I have no problem with someone putting their own ass on the like and doing a rights audit by filming in a public place where police often enforce non-existent legislation. That person is putting themselves on the line and it is very unlikely they will somehow harm a cop or another citizen. But once you have called a cop, the cops now have more excuse to think they are 'investigating'. If they walk down and see the person themselves they are probably a smidge less likely to breach law or rights.

And, man, it sure seems like a lot of police are very confused about the right to film, about when they can demand (rather than ask for) ID, what they can detain someone for, what detainment is, etc. Also they have a very hard time being talked to as equals on too many occasions. I get it. I might act the same way if I was a police officer. But then, that's not a field for me.

You gotta eat that stuff.
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