[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 41 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. CON. RES. 41

 Expressing the sense of Congress that the people of the United States 
 have the Constitutional right to record law enforcement authorities, 
 and they have the full protection of the law to the possession of the 
recording devices, and full protection of the law regarding data saved 
                       on the recording devices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2015

   Ms. Hahn (for herself, Mr. Rangel, Ms. Schakowsky, Mr. Johnson of 
     Georgia, Mr. Grijalva, Ms. Lee, Mr. Ellison, Mr. Nadler, Mr. 
 DeSaulnier, Mr. Ted Lieu of California, Mrs. Davis of California, Mr. 
    Cooper, Mr. Loebsack, Ms. Lofgren, Mr. Aguilar, Mr. Veasey, Mr. 
 Gallego, Mr. Kildee, Mr. Polis, Ms. Pingree, Mr. Lewis, Ms. Castor of 
    Florida, Mr. Deutch, Mr. McDermott, and Mr. Farr) submitted the 
following concurrent resolution; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of Congress that the people of the United States 
 have the Constitutional right to record law enforcement authorities, 
 and they have the full protection of the law to the possession of the 
recording devices, and full protection of the law regarding data saved 
                       on the recording devices.

Whereas, on April 19, 2015, Beatriz Paez was recording Federal law enforcement 
        officers, when the officers took possession of her cellular phone, and 
        illegally destroyed the device and evidence saved on the device;
Whereas the Constitution guarantees an individual's right to openly make video 
        recordings in public;
Whereas the Justice Department has stated that ``the First Amendment protects 
        the rights of private citizens to record police officers during the 
        public discharge of their duties'';
Whereas individuals can only be compelled to not record law enforcement 
        authorities when it interferes with ongoing, active law enforcement 
        work; and
Whereas law enforcement officers may only search a recording device without an 
        individual's consent with the possession of an appropriate warrant: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) citizens and residents of the United States--
                    (A) have the Constitutional right to record law 
                enforcement officers in a public place; and
                    (B) shall be required to give up possession of a 
                recording device used to record a law enforcement 
                officer in a public place based only upon consent of 
                the individual or a warrant based on probable cause;
            (2) law enforcement officers shall safeguard data stored on 
        any recording device seized from an individual and the 
        destruction of such data is a violation of Federal law; and
            (3) no data stored on a recording device seized from an 
        individual may be received in evidence in any trial, hearing, 
        or other proceeding unless collected pursuant to a warrant 
        based on probable cause or an exception to the warrant 
        requirement applies.
                                 <all>