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Trends in College Media

An online publication of the Associated Collegiate Press

Keep your cool at "hot" crime scenes
Police-press confrontations in the heat of the moment don't have to get ugly
9/1/1998

By Mike Hiestand, Student Press Law Center

As part of their crackdown on underage drinking, police have set up an I.D. checkpoint outside some popular campus bars. Not appreciating this intrusion on their Saturday night fun, some students protest. Police respond. Tempers flare. And suddenly a riot erupts.

A reporter covering the I.D. checkpoints for the student newspaper is nearby and grabs her camera. The scene is chaotic. Police are shouting and wielding clubs. Students are screaming back, throwing objects, running for cover. Smoke starts to fill the air. The reporter is busy snapping photos when someone grabs her arm. It's a police officer.

What happens next often turns as much on the reporter's words and actions as on the officer's. Consequently, having prior knowledge of one's rights — and the limits on those rights — is essential.

Here are a few thoughts and suggestions:

When confronted, immediately identify yourself as a member of the press. Toward that end, find out now if law enforcement agencies in your area issue press passes or credentials. If so, obtain one. If not, it can still be helpful to create an "unofficial" press pass/I.D. card that clearly identifies you as a journalist. Now is also the time to find out if your local police have issued any sort of media guidelines, addressing the release of information to the media, access to crime scenes and issuance of press credentials. They often represent a bargained compromise between the police and press and can provide a helpful reminder to overzealous officers.

Remain calm and professional. At a "hot" scene, the adrenaline can run high. Resist being swept away by it. When confronted by police, explain your intentions and ask for their cooperation. Persuade, don't argue. Your job is to report the news — not win a shouting match. Let them know that you have a job to do, but that you want to cooperate. Challenging their authority or spouting off about the "First Amendment" will rarely improve your bargaining position. Keep the high ground.

Obey all lawful police commands. The U.S. Supreme Court has suggested that in most cases members of the press have no more — or less — right to gain access to newsworthy events than the general public. Police have the authority to limit media access when they believe such restrictions are needed for public safety or to prevent interference with an investigation. Reporters who ignore police orders regarding access risk arrest and prosecution.

Contest police misconduct. While courts tend to give law enforcement officials considerable leeway when it comes to controlling a "hot" crime or accident scene, there are limits. At least one court has said, the justification "Because I said so," is generally insufficient to support a police officer's order to a reporter to leave. Police also cannot, under any circumstances, zero in on members of the news media, subjecting them to greater restrictions than others. For example, picking a photographer out of a crowd of bystanders and ordering only her to leave would be unjustified. Unfortunately, refusing to obey even an apparent illegal order can be risky. When feasible, the better course is to comply with the order, but to challenge the conduct through formal administrative or judicial channels as soon as possible.

Do not voluntarily surrender your notes or equipment to police. Police do not have a right to confiscate a reporter's camera, film or notes without a subpoena. (And even then, a state shield law or qualified privilege may offer protection.) They never have a right to destroy such material. Nevertheless, if a reporter is ordered by the police at the scene to turn over his equipment, it is usually best to comply. However, make it clear to the officer that you believe he is violating the law and that you would not be relinquishing the material absent his order to do so. Contact an attorney as soon as possible.

Preserve a record. If it's clear that a confrontation is inevitable, do what you can to document the scene. Jot down the names of any witnesses. If you're using a tape or video recorder, keep it running. Since it's likely that your version of the events will differ significantly from that of the police, such hard evidence will prove invaluable.

If you are arrested, keep quiet. You have the right to remain silent — exercise it. Ask only to contact your news organization or attorney.

Visit the Student Press Law Center online at http://www.splc.org.

© Copyright 1999-2007 Associated Collegiate Press

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