Mike Tabor videotaped two Portland, OR cops stopping and frisking a couple men on a sidewalk. The cops take his camera and issue a summons claiming he broke the law by recording without their permission:
The Multnomah County District Attorney's Office declined to prosecute, and now Tabor is trying to force the Portland Police Bureau to take a formal position on whether it's OK for civilians to videotape cops -- with sound -- in public places.In a tort claim notice to the city last week, attorney Benjamin Haile informed the city of Tabor's intent to sue for $100 and a written policy saying that citizens have the right to make video and audio records of police. Haile has taken on Tabor's case at no charge to Tabor. He says recording officers on the job is a fundamental part of holding police accountable that Haile believes is protected by the First Amendment.
The issue isn't an isolated one. Last month, Beaverton police arrested a 27-year-old Aloha man on accusations that he illegally recorded an officer arresting another man at a bowling alley. Ho Xent Vang recorded the encounter on his cell phone, and Beaverton police say the audio part of the recording violated state law because the officer didn't give his consent.
What's spooky is the cops used an Oregon law that "makes it generally illegal to tape-record a conversation without first obtaining permission except in cases where a person wouldn't reasonably expect privacy, such as at a public meeting or sporting event."
