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As a follow-up to my previous "What
to know about covering the conventions," the National Press Photographers
Association (NPPA) has been working with a number of organizations in order to
provide support for journalists covering the U.S. national political
conventions in Tampa, Fla., and Charlotte, N.C., this month and next. Some
things for those journalists to keep in mind:
When covering any story it is important to always have
certain items with you, such as: government-issued photo identification (i.e.
valid driver's license), press credential(s) or press identification card(s)
(if you have any), credit card(s) and some cash (in case you need to post
bond). For its members NPPA also has available for purchase a member identification which some
have found useful.
If a police officer orders you to move, it is advisable to
comply with the request. How far you move is something that you will have to
decide for yourself. If you believe that the order is not a reasonable one, ask
to speak to a supervisor or the public information officer (PIO) if that is
possible. It is important to be aware that most police officers do not like to
be questioned or challenged once they have told you to do--or not do--something
and a mere hesitation, question, or request may result in your detention or
arrest. Only you can make that judgment call as to what to do.
If you are questioned or detained, remember to remain calm
and act professionally. Do not get into an argument about your rights. If you
are able to have a reasonable discussion that is one thing but if it becomes
apparent that the officer is not interested in your point of view it is usually
best to move on. Discretion is the better part of valor. If you are told that
you are not free to leave or under arrest it is strongly advised that you
immediately do what you are told. Officers deem anything less than full
compliance as resisting arrest and will then escalate the force they believe is
necessary to effectuate that arrest. It is also important that you identify
yourself as a journalist as often as possible so there is no question who you
are or what your purpose was in being there. At the first appropriate moment,
request that a commanding officer or the PIO be notified that a journalist is
being detained or has been arrested.
While covering these events police may ask to see your
images, recordings, or files. Be aware that you do not have to consent to such
a request. They may try to intimidate, coerce, or threaten you into doing so
but consent must be voluntary. You should know that absent consent or exigent
circumstances, an officer may not seize your camera, notebook, laptop, or cellphone.
Even when police do seize a camera or other device they cannot view its
contents without a proper warrant. There have been instances where police have
ordered journalists to delete files or have exercised self-help by deleting
those files themselves.
For many of the reasons listed above it is important that
journalists work in pairs or groups so that someone may be able to notify those
of us working to protect your rights that you have been arrested or are in
police custody. Another suggestion is that, to the extent possible, start
recording events before a situation becomes a problem and continue to record
for as long as possible. Such recordings may be the best evidence to refute
whatever you may be charged with.
If you are arrested it is crucial to remember that anything
you say may be used against you and possibly lead to additional charges. Tell
the police you are a journalist but so not say anything else about what
happened, how it happened or why it happened. The charges against journalists
arrested in these situations are usually misdemeanors, violations, or
infractions. Such charges may include but are not limited to: disorderly
conduct, failure to disperse, trespassing, unlawful assembly, disturbing the
peace, failure to follow a police order, and obstruction. If you are arrested
expect to be handcuffed behind your back (with traditional metal handcuffs or
plastic zip-tie cuffs). You will also have to be processed, which includes
having your fingerprints and photograph taken and your personal information run
through a national computer check for any previous criminal record or
outstanding wants (other law enforcement agency looking for you) or warrants.
Once that process is complete--which may take hours
depending on the number of those arrested and the number of officers assigned
to booking--and depending on the charges, bail will be set. Bail acts as a
monetary guarantee that you will return for further court proceedings.
Sometimes you may be released on your own recognizance (no money required), but
that is unlikely if you are from out of town. In most cases you may be able to
post a bond (another form of bail) or have someone do that for you.
The type of bond most often used for the types of charges
listed above is known as a Signature or I-Bond. Such a bond requires that you
post a minimal amount of money (i.e. $75.00 - $200.00) by cash or credit card.
It is important that you receive and securely keep your bond receipt because it
usually contains all the information for your next court appearance, including
the date and location. You will also need that receipt in order get your money
back once your case has been adjudicated. If you fail to appear in court, the
money posted will be forfeited to the court, an arrest warrant will be issued,
and once found you may be arrested again.
I have posted an extensive
blog on this subject that I will continually update as more information
becomes available. In the meantime the Reporters Committee for Freedom of the
Press (RCFP) has recently made available a mobile
app for reporters that "gives reporters in the field immediate access to
legal resources, particularly in situations where newsgathering or access may
be stymied."
AUTHOR'S DISCLAIMER: This
blog is not intended to be legal advice nor does it create an attorney-client
relationship. It is not possible to anticipate every situation. Laws and
regulations vary from one area to another and federal, state, or local laws may
apply. Anyone seeking legal advice should contact an attorney in their area of
the country familiar with criminal and First Amendment law.
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