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9/11
See other 9/11 Articles

Title: Judge Limits New York Police Taping
Source: NY Times
URL Source: http://www.nytimes.com/2007/02/16/n ... 16police.html?_r=1&oref=slogin
Published: Feb 16, 2007
Author: Jim Dwyer
Post Date: 2007-02-16 10:37:09 by Jethro Tull
Keywords: None
Views: 43
Comments: 4

http://www.nytimes.com/2007/02/16/nyregion/16police.html?_r=1&oref=slogin

Judge Limits New York Police Taping

By JIM DWYER

Published: February 16, 2007

In a rebuke of a surveillance practice greatly expanded by the New York Police Department after the Sept. 11 attacks, a federal judge ruled yesterday that the police must stop the routine videotaping of people at public gatherings unless there is an indication that unlawful activity may occur.

Four years ago, at the request of the city, the same judge, Charles S. Haight Jr., gave the police greater authority to investigate political, social and religious groups.

In yesterday’s ruling, Judge Haight, of United States District Court in Manhattan, found that by videotaping people who were exercising their right to free speech and breaking no laws, the Police Department had ignored the milder limits he had imposed on it in 2003.

Citing two events in 2005 — a march in Harlem and a demonstration by homeless people in front of the home of Mayor Michael R. Bloomberg — the judge said the city had offered scant justification for videotaping the people involved.

“There was no reason to suspect or anticipate that unlawful or terrorist activity might occur,” he wrote, “or that pertinent information about or evidence of such activity might be obtained by filming the earnest faces of those concerned citizens and the signs by which they hoped to convey their message to a public official.”

While he called the police conduct “egregious,” Judge Haight also offered an unusual judicial mea culpa, taking responsibility for his own words in a 2003 order that he conceded had not been “a model of clarity.”

The restrictions on videotaping do not apply to bridges, tunnels, airports, subways or street traffic, Judge Haight noted, but are meant to control police surveillance at events where people gather to exercise their rights under the First Amendment.

“No reasonable person, and surely not this court, is unaware of the perils the New York public faces and the crucial importance of the N.Y.P.D.’s efforts to detect, prevent and punish those who would cause others harm,” Judge Haight wrote.

Jethro M. Eisenstein, one of the lawyers who challenged the videotaping practices, said that Judge Haight’s ruling would make it possible to contest other surveillance tactics, including the use of undercover officers at political gatherings. In recent years, police officers have disguised themselves as protesters, shouted feigned objections when uniformed officers were making arrests, and pretended to be mourners at a memorial event for bicycle riders killed in traffic accidents.


Poster Comment:

Agent provocateurs anyone?

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#2. To: Jethro Tull (#0)

Agent provocateurs anyone?

I would love to see mad dog cops like that one in Ohio who was terrorizing peaceful protesters with a Tazer get a taste of their own medicine. Jerks like that need to be Tazed TWICE for good measure.

BTP Holdings  posted on  2007-02-16   11:08:00 ET  Reply   Untrace   Trace   Private Reply  


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