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The Climate Change Episode: Told You So Ep. 14

by Carla Gericke
written by Carla Gericke

LISTEN NOW… As the climate change debate heats up on the global stage, is there still room for rationality in the discussion? Most of the arguments rely on either radically restructuring global society or totally ignoring the possibility of human-caused climate change – but there are more than two options when it comes to dealing with such a nebulous problem. Join your hosts for an in depth discussion on the evidence for climate change, the madness of the public discourse about it, and what a sane policy approach might look like. LISTEN NOW…

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Recording cops is a good idea

by Carla Gericke
written by Carla Gericke

Five years ago today, I won my First Amendment First Circuit civil rights lawsuit against the Weare PD affirming YOUR RIGHT to RECORD POLICE in PUBLIC. Remember:

1. Record EVERY police encounter you see. This is a powerful way to keep everyone accountable and safe! If you are just passing by, see your role as being a “witness.” Don’t get involved or confrontational, simply record. If you use Facebook, using the “LIVE” feature can add protection in the event your footage “disappears” later.

2. Creating a local culture of filming police officers in NH is an excellent way to keep our police accountable to the people. We have now been waiting for YEARS for body cams, which, where introduced, strangely, only seem to record “parts” convenient to the official narrative, so ALWAYS BE FILMING FOR YOUR OWN PEACE OF MIND, YO! 🙂 

2. Even if your phone is not working, pretend to film because as stated in #1, it helps keep everyone on better behavior when they think they’re being recorded.

3. The police have NO RIGHT to take your phone/recording device without following proper procedures, and if PD tells you they’re taking your recording, or that you are not allowed to film, you have a lucrative lawsuit waiting, so be sure to consult a lawyer immediately… because…

4. Police have NO CLAIM OF QUALIFIED IMMUNITY (their “get out of jail free” card) and WILL be held liable for violations of your right to record them.

In Rialto, CA, where they introduced body cams years ago, they found:

“But Rialto’s randomised controlled study has seized attention because it offers scientific – and encouraging – findings: after cameras were introduced in February 2012, public complaints against officers plunged 88% compared with the previous 12 months. Officers’ use of force fell by 60%.

‘When you know you’re being watched you behave a little better. That’s just human nature,’ said Farrar. ‘As an officer you act a bit more professional, follow the rules a bit better.'”

Don’t rely on them to provide the recordings… DIY!

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BlogIn the Media

Ars Technica: Court upholds “First Amendment” right to film police

by Carla Gericke
written by Carla Gericke

Ruling is one of many nationwide supporting right to record police.

A federal appeals court has ruled that the public has the right to film cops in public and has reinstated a lawsuit against a local New Hampshire police department brought by a woman arrested for filming a traffic stop.

The plaintiff in the case, Carla Gericke, was arrested on wiretapping allegations in 2010 for filming her friend being pulled over by the Weare Police Department during a late-night traffic stop. Although Gericke was never brought to trial, she sued, alleging that her arrest constituted retaliatory prosecution in breach of her constitutional rights.

Read the article at Ars Technica…

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BlogIn the Media

WBCVB: Court: New Hampshire Woman Has Right to Film Cops

by Carla Gericke
written by Carla Gericke

CONCORD, N.H. — A federal appeals court has refused to dismiss a New Hampshire woman’s lawsuit against the Weare police department, saying she had a constitutional right to videotape a police officer during a traffic stop.

The 1st Circuit Court of Appeals says citizens may videotape police officers performing their duties unless an officer orders them to disperse or stop recording for legitimate safety reasons.

In its unanimous ruling Friday, the court rejected arguments by Weare officers that they should be immune from liability, under a theory that allows government officials to make reasonable mistakes that do not violate clearly established constitutional rights or state laws.

The ruling allows Carla Gericke of Lebanon to pursue her civil rights violation lawsuit and claims that Weare police charged her with illegal wiretapping in retaliation for her videotaping a 2010 traffic stop of an acquaintance in another car. She was not prosecuted on the charge.

Attorney Charles Bauer, who represents the Weare Police Department, said the police could still prevail at trial if the jury finds Gericke’s conduct during the traffic stop was disruptive.

“There’s another side of the story,” Bauer said Sunday. “Right now everybody, including me, has had to accept Ms. Gericke’s side of the story.”

The appeals court judges say their ruling is based on Gericke’s version of what took place March 24, 2010, when former Sgt. Joseph Kelley pulled over the car she was following to a friend’s house. According to the ruling, Gericke stopped behind her friend’s car when Kelley pulled it over and Kelley told her to move her car to another location. Once parked nearby, she took her camera and began filming Kelley as he spoke to the occupants of the other car. Kelley ordered her to return to her car.

“Significantly, under Gericke’s account, Kelley never asked her to stop recording,” Judge Kermit Lipez wrote.

“An individual’s exercise of her First Amendment right to film police activity carried out in public, including a traffic stop, necessarily remains unfettered unless and until a reasonable restriction is imposed,” Lipez wrote.

She was charged with illegal wiretapping later that night. She filed her federal lawsuit against the department in 2011.

SOURCE: WBCVB News

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