A bill that would limit the public’s ability to record officers while on the job was considered by the Judiciary Committee on Thursday. Under LB1185 anyone who records audio or video of a peace officer engaged in their duties would be required to remain at least 10 feet away from the officer while recording, unless they are the person with whom the officer is actively engaging.
Senator John Lowe says his bill would strike a balance between allowing citizens to record officers and providing officers “breathing room” when performing their official duties. “I believe that LB1185 creates a safer environment for our police officers and for the individual who has been stopped by the officer, ensuring that third party individuals maintain the right to record and provide citizen oversight of police officers,” he says.
Lancaster County Sheriff Terry Wagner testified in support of the measure on behalf of the Nebraska Sheriffs Association, Police Officers Association of Nebraska and Police Chiefs Association of Nebraska.
“LB1185 simply provides that safety zone so officers can focus their attention on the task at hand and not have to worry about any outside interference,” Wagner says. Officers are used to, and welcome, being recorded with body and car cameras, which often clear officers of wrongdoing Wagner says. “When a third party is recording within a few feet of an interaction, however, it can cause officers to become distracted, which can endanger citizens and potentially compromise a crime scene.”
Spike Eickholt represented ACLU Nebraska and the Nebraska Criminal Defense Attorneys Association is voicing opposition to the bill. “A citizen already can be charged with obstruction if they hinder an officer from performing their duties.” Additionally, Eickholt says courts consistently have ruled that citizens have the right to record interactions with the police. “The courts are clear, and have been uniform across the country, that people have a right to observe peace officers while they’re on duty and they have a right to record.”
The committee took no immediate action on the bill