Leland police officer suspended from trying stop a citizen from recording a police aciton | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    It is the duty of every sworn law enforcement officer to enforce the law. That goes without say. But it is also the duty of every officer to obey the law. But that is not always the case. And it even seems to us that it is becoming more and more common to see and read reports of law enforcement officers themselves breaking the law. Few things in our book are more despicable.

    On several occasions in the last few months Beaufort County Sheriff Alan Jordan has been reported to have broken the law and stopped by Washington Police officers. Yet he has never been charged - as far as we can determine - with any offense. But beyond that his comrades in law enforcement have covered up for him. Both Washington Police Chiefs Mic Reed and current Chief Stacy Drakeford have consistently helped cover up the Sheriff's law violations. Specifically, they have refused to release public records (videos) taken by car-cameras of the Jordan stops. Several Washington Police officers have expressed frustration to us about their being intimidated to not report violations by other law enforcement officers, including the Sheriff.

    Apparently this sets a tone and builds a culture of some law enforcement officers feeling like because they carry a badge and a gun that they don't have to obey the law. Frequently we have observed Sheriff deputies speeding while they were not on a call. We followed one recently to discover that he apparently was simply going home. Unfortunately we could not video the incident and drive at the same time.

    But it is not just in Beaufort County that some law enforcement officers believe, apparently, that they are above the law. WECT, the NBC television affiliate in Wilmington is reporting that a Leland police officer has been suspended for illegally blocking a citizen from using his cell phone to record the officer(s) exercising an arrest. You can read that story by clicking here.

    In the event you may not be familiar with the applicable law in this case, let us review. Basically both the statutory and case law is simple. Any person has a right to record - audio or video - anything that an ordinary person could see while in public. That includes recording police action in public as long as the recorder does not materially interfere with the officer's performance of his duty. The courts have been consistent in holding that citizens can record public officials (police, fire, EMT etc.) while they are performing their duties and the authorities do not have the authority to view or confiscate either the recording equipment or the product of the recording.

    Most reporters are taught that they cannot invade a crime scene. But that applies only where the scene has been clearly marked. And a number of courts have held that the designation of a crime scene cannot be greater than reasonably necessary to preserve potential evidence. Officials are specifically prohibited from using the designation of an area as a crime scene for the intent and purpose of keeping observers from seeing what is going on, whether the intent is to protect victims' privacy or not. Again, the general rule is that is a situation can be seen by a person in public it can be recorded.

    And the courts have also ruled that videos made by police car cameras are public documents and can only be shielded if necessary to protect evidence in a criminal case. Once the case is closed the video then becomes a public document. Chief Reed and Chief Drakeford obviously either are ignorant of the law or they are complicit in an illegal cover-up of illegal activity by a fellow law enforcement official. But at least some places do not tolerate such disregard of the law. Leland appears to be one of them. Good for them.

    Now if the law enforcers in Beaufort County would do likewise and not only enforce the law without favoritism but would themselves obey the law...