Whereas prosecutors in several States are applying State
wiretapping laws in the prosecution of individuals for the videotaping of
police engaged in potentially abusive activity;
Whereas State and Federal wiretapping laws were not
intended to be used for such charges;
Whereas some police departments have been using national
security as a justification for the harassment, charges, or an arrest of
individuals, based solely on a citizen recording, with no additional factors
considered;
Whereas a study conducted by the U.S. Department of
Justice in 2000 indicated that 22 percent of police officers claim their fellow
officers sometimes, often, or always use excessive force; and
Whereas the privacy and safety rights of the police
officers in the line of duty must be balanced carefully with the public’s right
to transparency and accountability of public servants: Now, therefore, be
it
That it is the sense of Congress
that—
(1)citizen recording fills in gaps in existing
checks against law enforcement abuses, when balanced with the needs of law
enforcement, police privacy, and citizen privacy;
(2)national security
alone is insufficient justification for harassment, charges, or an arrest for
otherwise innocent behavior, such as videotaping; and
(3)members of the
public have a right to observe, and if they choose, to make video or sound
recordings of the police during the discharge of their public duties, as long
as they do not physically or otherwise interfere with the officers’ discharge
of their duties, or violate any other State or Federal law, intended to protect
the safety of police officers, in the process of the recording.