FORT SMITH, Ark. (AP) — The Sebastian County Sheriff’s Office has adopted a written policy on how its deputies should respond to people recording them on the job.
The move comes after a lawsuit filed by Braden Purcell, who said he was arrested for photographing and filming law enforcement executing a search warrant. He said the deputy who arrested him kept his actions secret by not giving him his phone back, the Times Record reported (https://bit.ly/1tjxBl7 ). The officer denied the claims, but settled the lawsuit for $40,000, plus attorney fees and costs.
The new policy reminds deputies that residents have a constitutional right to record law enforcement activity. But it also gives guidance on situations where officers might need to stop people from filming, such as a resident entering a designated crime scene without permission or creating a safety risk to an officer or the public.
Spokesman Bill Sadler of the Arkansas State Police said in a statement the agency does not have a written policy on the issue. He said troopers do not prohibit people from using cameras to record their activity in public unless “the presence of the person operating the camera impedes the duties of the trooper or exigent life-threatening circumstances are in play that may jeopardize a safe resolution of the incident.”
Sgt. Daniel Grubbs, a spokesman for the Fort Smith Police Department, said in a statement the organization doesn’t have a written policy either.
“That debate has been a topic of discussion a few times in the past several years, but it is definitely a case-by-case basis,” Grubbs said.
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Information from: Southwest Times Record, https://www.swtimes.com/
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