Howard Mayhew is a Legal Consultant that specializes in Constitutional Law, Criminal Law, and Civil Law within San Andreas, United States of America. This page is dedicated towards educating the public on their Rights and Freedoms within San Andreas, United States of America.
Disclaimer: Howard Mayhew is NOT a licensed attorney, but has a Law degree at ULSA in Criminal Justice
Disclaimer: Howard Mayhew is NOT a licensed attorney, but has a Law degree at ULSA in Criminal Justice
Recent Updates
- RECORDING POLICE!
Rule #1: Know the Law (Wherever You Are)
- Within San Andreas state, you are permitted to record Law Enforcement officers within any public space, including private properties that permit recording within their respective institutions.
Rule #2: How to Respond to Law Enforcement
- You are not obligated to present them with your identification without Probable Cause or Reasonable Articulable Suspicion of a Crime. "Suspicion", alone, does not warrant responding to any questions, and one may refuse to answer any questions presented to them.
- You have a Right to remain Silent.
Rule #3: Maintain Distance
- In San Andreas, distance is circumstantial in accordance to the conditions of the crime scene. In most cases, it is recommended to be roughly six to fifteen feet, but for safety and security purposes, it is advised to be in a "SAFE AND NON-INTRUSIVE DISTANCE". When recording Law Enforcement, it is safe to ensure that you are at a safe and non-intrusive distance from an investigation, detainment, or arrest. Otherwise, an officer may arrest you for disorderly conduct or interfering with a police investigation. However, if you firmly believe that you are within a safe and non-intrusive distance from the scene, then you may be permitted to record, despite an officer's attempt at intimidating you to move from the location. It is advised to also ensure that you are not intentionally directly behind officers. Attempt to record the scene within their peripheral view for safety and security purposes.
- Finally, try not to intrude on the investigation. Freedom of Speech is limited, as you have the ability to express your ideas in public, but just be sure that you are not A) Disturbing the Peace of residents within the area, B) Interfering with a Police investigation, or C) Producing any threats or statements that infringe the Laws of the state.
Rule #4: Don’t Share Your Video with Police
- You are not legally obligated to submit audio-visual recorded evidence to Law enforcement officers at the scene of the crime. Typically, without consent, officers must obtain a search warrant to gain access or seize a person’s electronic recording device. Any officer who has ever applied for a search warrant knows it is a lengthy and time consuming process. Going through the process creates several risks, such as the citizen deleting the video or the warrant not being approved.
- Under certain conditions known as exigent circumstances, where an officer believes that a recording might contain evidence of a crime, he or she may seize the phone or other equipment in order to prevent recordings from being lost or destroyed. However, the devices may not be searched, viewed or copied without proper legal authority such as a search warrant or subpoena (a June 2014 U.S. Supreme Court decision in Riley v. California held that police need a warrant to search a cell phone). Under no circumstances may an officer delete or modify those recordings or order someone to do so. The exigent circumstances often applies towards a by-stander allegedly recording a crime that could be used as evidence within court. However, this is an exception, not a rule, indicating that in MOST cases, you may be entitled to a settlement for theft of property.
Rule #5: Prepare to be Arrested
- Regardless as to whether one's activities are Legal, Lawful, Illegal, or Unlawful... be prepared to be arrested, at all costs. An officer may threaten to arrest a bystander that is recording a scene, regardless as to whether the arrest is Constitutional or Unconstitutional. You are innocent until proven guilty. Upon being arrested, plead the fifth by remaining silent, and you may win a settlement for Unlawful Detainment, Unlawful Arrest, Improper Use of Force, Physical Damages, Mental Damages, and even Financial Damages. We devised this rule simply because many innocent Law-abiding citizens have been arrested for practicing their Constitutional Right to record police scenes. So, always be prepared to be arrested, even IF you are in the right.
- Upon being arrested, request for a supervisor. If the arrest is deemed Unconstitutional, a supervisor may intervene with the decision of an arresting officer, permitting you to be "Free to Go". If not? Attain the supervisor's full name and badge number.
- Be sure to attain the arresting officer's (alongside with any other officer on the scene) full name and badge number. By Law, and in accordance to their manual, all Law Enforcement officers are obligated to present any person, while on-duty, with their full name and badge number. Submit this to your lawyer, alongside with filing a complaint to the Internal Affairs division if the act is deemed to be Unconstitutional.RECORDING POLICE! Rule #1: Know the Law (Wherever You Are) - Within San Andreas state, you are permitted to record Law Enforcement officers within any public space, including private properties that permit recording within their respective institutions. Rule #2: How to Respond to Law Enforcement - You are not obligated to present them with your identification without Probable Cause or Reasonable Articulable Suspicion of a Crime. "Suspicion", alone, does not warrant responding to any questions, and one may refuse to answer any questions presented to them. - You have a Right to remain Silent. Rule #3: Maintain Distance - In San Andreas, distance is circumstantial in accordance to the conditions of the crime scene. In most cases, it is recommended to be roughly six to fifteen feet, but for safety and security purposes, it is advised to be in a "SAFE AND NON-INTRUSIVE DISTANCE". When recording Law Enforcement, it is safe to ensure that you are at a safe and non-intrusive distance from an investigation, detainment, or arrest. Otherwise, an officer may arrest you for disorderly conduct or interfering with a police investigation. However, if you firmly believe that you are within a safe and non-intrusive distance from the scene, then you may be permitted to record, despite an officer's attempt at intimidating you to move from the location. It is advised to also ensure that you are not intentionally directly behind officers. Attempt to record the scene within their peripheral view for safety and security purposes. - Finally, try not to intrude on the investigation. Freedom of Speech is limited, as you have the ability to express your ideas in public, but just be sure that you are not A) Disturbing the Peace of residents within the area, B) Interfering with a Police investigation, or C) Producing any threats or statements that infringe the Laws of the state. Rule #4: Don’t Share Your Video with Police - You are not legally obligated to submit audio-visual recorded evidence to Law enforcement officers at the scene of the crime. Typically, without consent, officers must obtain a search warrant to gain access or seize a person’s electronic recording device. Any officer who has ever applied for a search warrant knows it is a lengthy and time consuming process. Going through the process creates several risks, such as the citizen deleting the video or the warrant not being approved. - Under certain conditions known as exigent circumstances, where an officer believes that a recording might contain evidence of a crime, he or she may seize the phone or other equipment in order to prevent recordings from being lost or destroyed. However, the devices may not be searched, viewed or copied without proper legal authority such as a search warrant or subpoena (a June 2014 U.S. Supreme Court decision in Riley v. California held that police need a warrant to search a cell phone). Under no circumstances may an officer delete or modify those recordings or order someone to do so. The exigent circumstances often applies towards a by-stander allegedly recording a crime that could be used as evidence within court. However, this is an exception, not a rule, indicating that in MOST cases, you may be entitled to a settlement for theft of property. Rule #5: Prepare to be Arrested - Regardless as to whether one's activities are Legal, Lawful, Illegal, or Unlawful... be prepared to be arrested, at all costs. An officer may threaten to arrest a bystander that is recording a scene, regardless as to whether the arrest is Constitutional or Unconstitutional. You are innocent until proven guilty. Upon being arrested, plead the fifth by remaining silent, and you may win a settlement for Unlawful Detainment, Unlawful Arrest, Improper Use of Force, Physical Damages, Mental Damages, and even Financial Damages. We devised this rule simply because many innocent Law-abiding citizens have been arrested for practicing their Constitutional Right to record police scenes. So, always be prepared to be arrested, even IF you are in the right. - Upon being arrested, request for a supervisor. If the arrest is deemed Unconstitutional, a supervisor may intervene with the decision of an arresting officer, permitting you to be "Free to Go". If not? Attain the supervisor's full name and badge number. - Be sure to attain the arresting officer's (alongside with any other officer on the scene) full name and badge number. By Law, and in accordance to their manual, all Law Enforcement officers are obligated to present any person, while on-duty, with their full name and badge number. Submit this to your lawyer, alongside with filing a complaint to the Internal Affairs division if the act is deemed to be Unconstitutional.Please log in to like, share and comment! -
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