Recently, the Police Commissioner suspended one of our officers for allegedly preventing a civilian from videotaping him while he was conducting a nearby investigation.  Our officer will maintain the civilian was interfering with his investigation and that his safety and ability to do his job were undermined. The civilian was not arrested or issued a criminal summons - she was merely provided with a citizen contact receipt. Since that time, the BPD's Office of Legal Affairs has shown a video of the incident, which was first broadcast on FOX-45, to in-service training classes and informed the class the officer was suspended and that the BPD will not tolerate such behavior. The FOP has requested the Office of Legal Affairs to stop showing this video. 

Last weekend, another one of our officers found himself being videotaped by a civilian while the officer was investigating a motor vehicle law infraction and had a person of interest in custody.  During the entire time, the civilian remains in striking distance of the officer and refuses to give the officer enough room to safely conduct his investigation. Even upon the arrival of additional back-up units, the civilian continues to interfere with the officers - challenging them on the application of the law, speaking directly to the person in custody, and refusing to back away to a comfortable distance for the officers. Our officers should be commended for their professionalism and commitment to duty.

The FOP forwarded this video to the Police Commissioner and top Command and has asked to meet to discuss this issue for training purposes.  Our officers are clearly intimidated with the possibility they may be suspended if they prevent a civilian from videotaping them.  The problem now is there is an unequal balance between an officer's right to conduct his/her job and investigation in a safe manner with a civilian's right under the First Amendment to video from his/her cell phone or other device. 

The Police Commissioner and the BPD has been under attack from the ACLU and others who want to make our jobs harder but now is not the time to back down. The Police Commissioner has a responsibility to the safety of the police officers he commands and he has demonstrated that in expanding the training we provide to our officers. Now he should demonstrate that he supports them under such political pressure and speak out aggressively against those who choose to videotape our officers in an effort to intimidate them and/or hinder their investigations, and inform them that they will be arrested if they refuse to obey his officer's legal orders.

To view the video and read the story by Peter Hermann of The Sun, click here:  http://t.co/kdDYDMio

Robert F. Cherry, Jr.

April 4, 2012