Abstract

http://ssrn.com/abstract=2043907
 
 

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A Due Process Right to Record the Police


Glenn Harlan Reynolds


University of Tennessee College of Law

John A. Steakley


John A. Steakley, P.C.

April 22, 2012

Washington University Law Review, Vol. 89, No. 30, 2012, Forthcoming
University of Tennessee Legal Studies Research Paper No. 190

Abstract:     
There has been considerable discussion of citizens' First Amendment right to record the police. This essay, however, argues that independent of any First Amendment right, there is also a due process right to record the actions of law enforcement, and that this right applies even when the interaction takes place in private, and not in public places. This question of a due process right to record the police has not yet produced the degree of attention and litigation that public recording has, but the growth of inexpensive recording equipment and its inclusion in smart phones ensures that such attention and litigation are sure to be forthcoming.

Number of Pages in PDF File: 9

Keywords: first amendment, due process, recording, video, photography, police, law enforcement, citizen

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Date posted: April 23, 2012 ; Last revised: August 10, 2012

Suggested Citation

Reynolds, Glenn Harlan and Steakley, John A., A Due Process Right to Record the Police (April 22, 2012). Washington University Law Review, Vol. 89, No. 30, 2012, Forthcoming; University of Tennessee Legal Studies Research Paper No. 190. Available at SSRN: http://ssrn.com/abstract=2043907

Contact Information

Glenn Harlan Reynolds (Contact Author)
University of Tennessee College of Law ( email )
1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)
John A. Steakley
John A. Steakley, P.C. ( email )
540 Powder Springs Street, Suite D-22
Marietta, GA 30064
United States
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