NYC NOW - May 31, 2023: Evening Roundup

Episode Date: May 31, 2023

Video-taping police activity has long been touted as a way to hold officers accountable for misconduct. Cameras have exposed police violence against people whose names have been etched into history, including Rodney King, Eric Garner and George Floyd. Now, a group of social media personalities is testing the limits of what’s acceptable — and what’s legal — when it comes to filming officers. WNYC’s Samantha Max reports.

Good evening and welcome to NYC Now. I'm Sean Carlson for WNYC. Videotaping police activity has long been touted as a way to hold officers accountable for misconduct. Cameras have exposed police violence against people whose names have been etched into history like Rodney King, Eric Gardner, George Floyd. Well, now a group of social media personalities is testing the limits of what's acceptable and what's legal. When it comes to filming officers, WIC Samantha Max reports. Well, that story after the break. Wow, look how many people are here. Several dozen people are standing with Sean Paul Reyes in the parking lot of the 121st precinct on Staten Island.

Guys, I want to thank each and every one of you for coming. They're protesting in NYPD policy that bans people from filming inside police precincts. And they're here to support Reyes, who officers arrested several days earlier for recording inside a Brooklyn station house. They won't even allow us to record inside of a precinct. that we pay for, it's ridiculous. Reyes, also known by his social media handle, the Long Island Audit, is part of a growing movement of so-called constitutional activists. He films in government buildings to test whether officials will allow him to exercise his

First Amendment rights. Sometimes police tell him to stop or try to kick him out. Occasionally, they arrest him. You are not allowed to film inside a police precinct. You can be subject to arrest or trespassing. But he films. anyway. It's not a crime to record. So even if you had a reasonable suspicion that I was recording, which you probably do, right? You probably have a reasonable suspicion I'm recording. That in and of

itself isn't a crime. Until recently, Reyes says he didn't know much about police accountability. The Long Island native says he's pro-law and order and considers himself a libertarian. But since he started doing what he calls audits during the pandemic, he's learned a lot about laws and policies and police tactics. And he wants to share that knowledge with his hundreds of thousands of followers on YouTube and Facebook. My goal is to expose the bad officers and to try and hold them accountable through my platform. An NYPD spokesperson says filming inside precincts undermines the privacy of people who interact with the criminal justice system and compromises the integrity of ongoing investigations. But videos of police have made it possible for the public to see with their own eyes.

how police treat people. Something goes horribly wrong, and it's all caught on tape by a bystander. I'm mining my business officer. I'm minding my business. They've sparked protests. I can't breathe. Inspired legislation.

Banning chokeholds again, not only as a matter of policy, but as a matter of law. And help to secure civil settlements and criminal convictions. The jury has reached a verdict in the federal trial of those three former police officers accused of violating George Floyd's civil... But cameras can also get in the way of police work or even put people in danger. Legal experts, police reform advocates, and former officers I spoke with had mixed feelings

about whether people like Reyes are improving transparency or crossing the line. He's really a maneuvering and manipulating the law. Former NYPD Lieutenant Eric Dim says people often filmed him when he worked on an anti-crime team, doing the type of policing that led to frequent. civilian complaints. He doesn't have a problem with anyone videotaping police. But he says officers would be less suspicious if Reyes explained what he was doing. I think he should approach them and say, hey, listen, I'm going to film in this area. I have the right to. I just want to let you know so that you guys don't get along and feel comfortable. And he says sticking a phone in an officer's

face can be a safety issue. Mayor Eric Adams has urged New Yorkers not to get too close. There's a proper way to police and there's a proper way to document. If your iPhone can't catch that picture, would you being at a safe distance, then you need to upgrade your iPhone. Former NYPD officer Jillian Snyder says she liked it when people filmed her because she thought it would protect her if anyone accused her of wrongdoing that didn't actually happen. I had no issue with it because I'm like, you know what? You're not only protecting you. You're protecting me. So what is legal? It's kind of a delicate balance that depends on the situation.

Stephen Solomon with First Amendment watch at New York University says filming on public sidewalks is allowed, but not on private property, unless you have permission. Filming an arrest is okay, but from a safe distance. But a blanket restriction typically is not consistent with the First Amendment. Several years ago, the NYPD imposed one of those blanket restrictions, and it sparked legal challenges. The department banned filming in police precincts, even in public lobbies. The city council pushed back, passing the Right to Record Act, which codified the right to tape police. The law also requires the department to track arrests and summons of people who are recording. More than 2,700 people were arrested while they were filming police in 2021 and 2022, according to NYPD data.

I think it's critical that police know they're being recorded and know that if, If their recording comes out, they can be held accountable for their action. That's Andrew Case Senior Counsel for the group Latino Justice. The organization has advocated on behalf of Patricia Rodney, who was arrested for trying to film inside a Brooklyn precinct while picking up a police report for a missing blood sugar monitor. When Rodney wouldn't put her phone down, police pushed her to the ground and broke her on. You're not leaving. And you're not allowed to report. You're not allowed to turn around.

Excuse me. You know, if you have a police department that believes the most important thing is protecting themselves from the so-called threat of being recorded by the public, you see some really terrible results there. Case hopes if more people record the police, then officers will feel more pressure to follow the rules. Samantha Max, WNYC News. Thanks for listening to NYC now from WNYC. I'm Sean Carlson. Catch us every weekday three-time. times a day. We'll be back tomorrow.