'Officer Awareness' Memo: Police Accountability Recording App Could Lead To Dangerous 'Flash Mobs'

from the and-they'll-be-armed-with-cameras!!! dept

Your law enforcement panic of the day: an app that automatically uploads recorded footage and forwards it to the ACLU. (h/t to Dave Maass.)

New Jersey’s ACLU branch put together “Police Tape” back in 2012, an app which allowed anyone to record cops with a press of a button. The app then hid itself while the recording continued. If the recording was interrupted, the app would automatically send the recording to the ACLU. The app also advised those confronted by cops of their rights in various situations.

The app is apparently no longer available, but ACLU-NJ reported 30,000 downloads within the first few months of its availability. Widespread coverage of this police accountability app led to a somewhat overwrought response from (of all places) the Burbank, California Police Department.

“OFFICER AWARENESS,” the bulletin yells, before heading into a brief summation of the app’s capabilities. It takes a turn for the truly absurd when Lt. Eric Deroian attempts to portray the app as potentially dangerous to officers.

Both apps [including the “stop and frisk” app developed by ACLU-NY] will notify other app users within a defined area if someone has activated their app, with the exact location of the police action. This may result in officer safety issues if community groups are able to pinpoint various police actions, and respond to the location in the form of a flash mob.

First off, let’s deal with the why of this app’s existence. It is only because officers have routinely (and illegally) confiscated, shut down or deleted recordings from civilians’ cell phones that an automatic archival process is needed. Despite being told repeatedly by judges, the DOJ and their own internal policies that citizens have the right to record police officers in public areas, many cops still seem to believe this isn’t actually a right but a privilege completely subject to any recorded officer’s willingness to oblige.

Because cops doing bad things hate to be held accountable for their actions, they often turn on those recording their actions. And because officers have power, weapons and the benefit of a doubt eternally on their side, it’s usually pretty easy to shut down recordings. The tide is slowly turning, but civilians are still severely limited in their options when confronted by a cop who doesn’t want to be recorded.

That’s why apps like these even exist, and cops have only themselves to blame for this situation.

Now, let’s address the inadvertent hilarity of the “flash mob” claim. Even if there were enough people with the app installed in the area, it’s highly unlikely a coordinated (and apparently threatening) response would be mounted. The thing about successful flash mobs is that they’re usually coordinated ahead of time. The best ones are, anyway. There are some that gel unexpectedly, but flash mobs usually require participants to be at least a little prepared.

Being suddenly alerted about some unexpected police bullshittery isn’t generally going to provoke anything more than additional cameras and angry voices. I’ve seen tons of police video captured by citizens and I have yet to see crowds physically attack officers no matter how much of a beatdown they’re putting on some unlucky individual. A lot of yelling and swearing? Yeah. But nothing more “threatening” than that. Even when a cop is choking the life out of someone, everyone stands a few feet away and hurls nothing more dangerous than epithets and criticism.

Here’s the other thing: You know who else can “notify [others] in their area” and “pinpoint various police actions?” Cops. And their “flash mobs” usually arrive at high speed with sirens blaring, and armed to the teeth with a variety of lethal (and slightly less-lethal, depending on application) weapons. This “mob” has the force of law behind it, as well as a large number of options citizens don’t have — like departments and unions willing to justify nearly any amount of misconduct, as well as various levels of legal immunity should the “police action” result in a civil lawsuit. They’ll also be acting out of “fear for their safety,” so the occasional kidney punch/emptied gun magazine will be almost instantly forgiven. All the unfriendly citizen flash mob has is… well, their voices and their cameras. Nothing like bringing a Galaxy 4 to a gun/Taser fight.

Bottom line: there’s nothing to fear from police accountability apps like these except the accountability. This is what Lt. Deroian’s warning is really about. He closes it by noting that a “suspect” had the app installed on his phone, but leaves the details of this person’s crime wholly up to the overactive imaginations of the officers reading this “alert.”

A better “Officer Awareness” memo might have addressed the fact that citizens have a right to record and that patrolling OFFICERS should be AWARE their actions have a good chance of being recorded, so try not to violate too many rights/beat down too many “suspects.” And be careful out there.

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Companies: aclu

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Comments on “'Officer Awareness' Memo: Police Accountability Recording App Could Lead To Dangerous 'Flash Mobs'”

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38 Comments
Vidiot (profile) says:

Copy edits

Two edits, Lt. Deroian:

• “… secretly record police activities without the probability of the mobile device being seized.” Make that “illegally seized”.

• “It would appear this app may be available nation wide.” Add: “… so be on your best behavior, and don’t beat or shoot someone unless you really have to.”

Anonymous Coward says:

Re: Re: That word "civilians"

Civilian implies person not in the armed forces. This is a term used exclusively (legally speaking) in combat zones. You are a citizen, we are citizens of the USA. As far as I can tell the US government hasn’t legally declared war on us as much as it feels like.

The more we call ourselves Civilians, the more we legitimize what amounts to collateral damage. We aren’t though, we are citizens with inalienable rights that must be upheld above all else and long before their ability to do their job more easily is a factor.

Anonymous Coward says:

Re: Re: Re:4 That word "civilians"

Here. I’ll help you with the citations for that:

First Wikipedia:

“In U.S. parlance, a civilian is also considered one not on active duty in the armed services, not a law enforcement officer, or not a firefighter.[1]”

https://en.wikipedia.org/wiki/Civilian

Which references Merriam Webster:

“a person who is not a member of the military or of a police or firefighting force”

http://www.merriam-webster.com/dictionary/civilian

Anonymous Coward says:

Re: Re: Re: That word "civilians"

Civilian … is a term used exclusively (legally speaking) in combat zones. … As far as I can tell the US government hasn’t legally declared war on us as much as it feels like.

I think that’s why many of us use the term civilian. It’s not being used in a legal sense, it’s being used in a rhetorical sense. The police often act like an occupying army, and the word “civilian” conveys this perception. Restricting casual discussion to the rigid constraints of legal or scientific discourse destroys the poetry of language.

Anonymous Coward says:

Re: Re: Re: That word "civilians"

“Civilian implies person not in the armed forces. This is a term used exclusively (legally speaking) in combat zones.”

Um, what? The military doesn’t stop being the military just because it’s not a combat zone. Similarly, non-military (that is, civilians) don’t stop being civilians just because it’s not a combat zone.

Uriel-238 (profile) says:

Re: Re: Re: I take you realize those "inalienable" rights end at the barrel of a police officer's service handgun.

You can talk about rights all you want, but it’s established that if you don’t do whatever an officer says and pronto, he can gun you down and leave you to die in the street for hours (a punitive tactic favored by the SS) so you can watch your rights drain away with your lifeblood into the storm drain.

Rights should technically have nothing to do with citizenship. The United Nations Charter on Human Rights and the Geneva Convention each list extensive rights that should be afforded to every human being, regardless of citizenship, and yet only a portion of them are recognized by the United States and are afforded only to those who are established citizens and only when it is convenient agents of the government to do so.

Coises (profile) says:

Deeper Problem

Both apps will notify other app users within a defined area if someone has activated their app, with the exact location of the police action. This may result in officer safety issues if community groups are able to pinpoint various police actions, and respond to the location in the form of a flash mob.

I.e., If the community were to know where we are and what we’re doing, they might join forces and attack us.

Have police become so accustomed to thinking of themselves as an occupying force—rather than as community servants—that they don’t even see the problem with that?

That One Guy (profile) says:

Re: Deeper Problem

I like to call it a ‘self-fulfilling prophecy’, and it goes like this:

1. Police are trained to see everyone around them as potential threats and enemies.
2. In response to this trained paranoia/’Us vs Them’ mentality, police treat everyone around them as potential threats and enemies.
3. The public, upon being treated as potential threats and enemies, ceases to be on the side of the police, and instead see and treat them as likely threats and enemies.
4. The police, now being treated as they treat those around them, use this to justify their training/mentality, and further enshrine it in their training and how they act.

PoliceScanner says:

Dolts

OFFICER AWARENESS:
Your radio [including your “partners” radio provided by the police department ] will notify other radio users/listeners within the broadcast area if you use it, this might include your description of the exact location of the police action. This may result in officer safety issues if community groups are able to pinpoint various police actions, and respond to the location in the form of a flash mob.

Padpaw (profile) says:

exposing dirty cops led to the NYPD requesting machine guns to deal with all those dangerous cameras.

Obviously the patriotic thing to do is follow the model of the average citizen in Nazi Germany. Keep your mouth shut eyes down and believe everything your told. the police are your friends, they are there to help you. They only go after criminals, if you see something say something.

If you suspect your friends, family or neighbours of deviant thoughts report them to your local thought crime station.

If you see anyone exposing police crimes they are dangerous and must be locked away before they infect you with their dangerous ideas.

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