Central Region

Click on each state’s name to navigate to related summaries.

ILLINOIS

CHICAGO, IL

  • Recording of Law Enforcement Activity 
    • Issue not addressed in reviewed policies.
  • Media Relations 
    • General Order G09-02 addresses media access to crime scenes, dissemination of specific categories of information to the media, and other issues concerning media relations.  Under the policy, credentialed news media have “access to a crime scenes (sic) outer perimeter secured with yellow barrier tape.”  Media without credentials are permitted “access to a crime scenes staging area” (sic).  The media credential process is governed by General Order G09-02-01.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

KANSAS

WICHITA, KS

  • Recording of Law Enforcement Activity 
    • Wichita Police Department (WPD) Policy 706, Section F provides that “[p]ictures may be taken in, or from, any area to which media members have been granted access.”  It appears that this Policy also extends to video recordings, as the Policy later states that the Deputy Chief has discretion to grant “[r]equests to photograph or record . . . in non-public areas.”
  • Media Relations 
    • WPD Policy 706 addresses media relations, stating that “[i]t is the policy of the Wichita Police Department to communicate impartially with members of the news media.”  The Policy goes on to list categories of information that will and will not generally be provided to the media.  The Policy provides that for “routine incidents,” “media will be granted the same access as members of the general public.”
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

LOUISIANA

BATON ROUGE, LA

  • Recording of Law Enforcement Activity 
    • Issue not addressed in reviewed policies.
  • Media Relations 
    • Baton Rouge has enacted a media relations policy that instructs that department “personnel shall extend every reasonable courtesy to news media representatives at crime scenes,” with certain limitations. BRPD General Order 139. The policy also designates media officers and identifies what information can be distributed to members of the media. 
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies.
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

NEW ORLEANS, LA

  • Recording of Law Enforcement Activity 
    • The New Orleans Police Department expressly recognizes a right to record police in public. The policy states: “Members of the public, including media representatives, have an unambiguous First Amendment right to observe, record, and / or verbally comment on or complain about the performance of police duties occurring in public. The right is not limited to public streets and sidewalks; it includes areas where individuals have a legal right to be present, including an individual’s home or business, or other private property where the person has a right to be or is legally present. … No individual is required to have or to display “press credentials” in order to exercise the right to observe, record, and / or verbally comment on or complain about the performance of police duties taking place in an area accessible to, or within view of, the general public.” Operations Manual, Chapter 1.2.10. Officers are also prohibited from discouraging recording, obstructing camera equipment, deleting recordings, or detaining/arresting someone for recording police activity peacefully. Id. 
  • Media Relations 
    • The New Orleans Police Department publishes guidelines with respect to media releases and media access to scenes of disasters, crime investigations, emergencies, and other law enforcement activities. Media should have access to police scenes so long as they provide official media identification, they do not jeopardize police operations, they are authorized by a supervisor at the scene, and the Public Information Officer has been consulted. Operations Manual, Chapter 54.1. 
  • Arrest Avoidance Procedures 
    • The New Orleans Police Department manual states: “Arrest of a person who is observing, recording, and / or verbally commenting on or complaining about the performance of police duties occurring in public shall be related to an objective, articulable violation of the law unrelated to the act of observing, recording, and / or verbally commenting on or complaining about the performance of police duties occurring in public. The action does not, in itself, provide grounds for detention or arrest…A supervisor shall be summoned to the scene of any incident in which an individual observing, recording, and / or verbally commenting on or complaining about the performance of police duties occurring in public is going to be, or will most likely be, arrested or when recording equipment is or may be seized without a warrant or lawful consent.” Operations Manual, Chapter 1.2.10. In the case of demonstrations, protests, and marches, the police department policy states “Media, legal observers, and medics shall not be considered participants in civil disturbances and shall be allowed to perform their duties safely.” Operations Manual, Chapter 46.02.01.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • The New Orleans Police Department cautions that “[t]he seizure and/or destruction of recordings without a warrant or due process may also violate the individual’s Fourth and Fourteenth Amendment rights.” Operations Manual, Chapter 1.2.10. The department recognizes that in some instances police have the right to seize recording equipment – namely when there is reason to believe that the individual has captured evidence of a serious crime. In that case, the officer should request consent to view the recording and if consent is not given, get a warrant to seize the recording device. A warrantless seizure should take place only in narrow circumstances and the department recognizes that it will be “strictly scrutinized by a court.” The police department manual also states that a supervisor should be summoned if an officer wants to perform a warrantless search. Id.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

MINNESOTA

MINNEAPOLIS, MN

  • Recording of Law Enforcement Activity 
    • Issue not addressed in reviewed policies.
  • Media Relations 
    • Section 6-200 of the Minneapolis Police Department Policy and Procedure Manual addresses media relations.  Section 6-201 states that the Department intends “to establish a cooperative relationship with the news media in supplying information on matters of public interest,” withholding only that information “that violates the constitutional rights of the victim or the accused, interferes with an on-going investigation, or is legally privileged.”  Sections 6-203 through 6-205 address release of information to the media.  Section 6-206 governs site access for news media, instructing Minneapolis Police Department employees not to “unnecessarily obstruct” news media at the scene if the media stays behind the police lines and does not “jeopardize police operations.”
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

MISSOURI

KANSAS CITY, MO

  • Recording of Law Enforcement Activity 
    • Kansas City Police Department Procedural Instruction No. 17-16 provides that the media can take photographs and video recordings “in areas where media personnel or the public have been given access.”  However, the media must obtain prior approval to videotape, photograph, or record law enforcement activity “in restricted areas.”  Section 70-73 of the Kansas City Code of General Ordinances makes it illegal to fail to comply with traffic direction given by law enforcement and others with traffic direction authority.  However, this ordinance specifies that “[t]he term ‘traffic direction’ shall not include any order or direction that prevents or impedes the witnessing or documenting (by video or otherwise) of the actions of such officer . . . unless such act of witnessing or documenting substantially physically impedes the officer . . . from official duties.”
  • Media Relations 
    • Kansas City Police Department Procedural Instruction No. 17-16 addresses media relations.  Section II.B. of the policy governs media access to police perimeters, indicating that “[a] designated staging area will be established along the perimeter of the secure crime scene.”  The media is also allowed “access to all general areas open to the public” and can “be escorted…by a department member to restricted areas that are not open to the general public.”  Section II.D provides guidelines for release of specific categories of information to the media.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

ST. LOUIS, MO

  • Recording of Law Enforcement Activity 
    • St. Louis Metropolitan Police Department (SLMPD) Special Order 1-06 states that “[m]embers of the public, including media representatives, have an unambiguous First Amendment right to record officers in public places, so long as their actions do not interfere with the officer’s duties or the safety of officers or others.”  The same policy provides that “SLMPD employees will not prevent or prohibit any person’s ability to observe, photograph, and/or make a video recording . . . of police activity that occurs in the public domain so long as the person’s location, actions and/or behavior do not create a legitimate, articulable threat to Officer safety, or an unlawful hindrance to successful resolution of the police activity.”
  • Media Relations 
    • Issue not addressed in reviewed policies.
  • Arrest Avoidance Procedures 
    • SLMPD Special Order 1-06, Section C provides that individuals who violate restrictions on recording law enforcement activity (for example, blocking traffic or obstructing police actions while recording) “should be informed that they are engaged in prohibited activity and given information on acceptable alternatives, where appropriate, prior to making an arrest.”  This Section also details SLMPD’s policies for instances where a person recording officers is arrested.  Section D of this policy specifies that “[a] supervisor should be summoned to any incident in which an individual recording police activity is going to be, or will most likely be, arrested.”
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • SLMPD Special Order 1-06, Section C specifies that “[a]rrest of an individual does not provide an exception to the warrant requirement justifying search of the individual’s recording equipment or media.  While equipment may be seized incident to an arrest, downloading, viewing, or otherwise accessing files requires a search warrant.  Files and media shall not be erased under any circumstances.”  Section D of the same policy states that “recording equipment may not be confiscated unless the recording party is arrested,” and that “officers may not order an individual to show recordings that have been made of enforcement actions or other police operations.”  This Section also specifies limited exceptions to these general guidelines and specifies that a supervisor should be summoned when recording equipment “may be seized without a warrant or lawful consent.”
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

NEBRASKA

OMAHA, NE

  • Recording of Law Enforcement Activity 
    • The Omaha Police Department recognizes the right for anyone to record police. Omaha Police Department’s Public Policy Manual, “Right to Record Officer Activity by the Public.” This policy broadly introduces this right as well as specifically states that officers must not obstruct cameras and cannot seize equipment unless they have the proper legal authority to do so. There is also a list of exceptions to this right, including instructing a witness to not respond to an officer’s questions, attempting to engage the officer in the midst of their duties, jeopardizing safety, or violating the law while recording. The provision clarifies that the right to record police activities should not be interpreted to “to permit an individual to trespass on private property, place themselves in physical danger, enter any area identified as an official perimeter or crime scene by law enforcement, enter another person’s private dwelling, storehouse, etc., or enter into or upon any area not accessible to the general public.”
  • Media Relations 
    • The Omaha Police Department’s manual does not have a specific section for media relations policy, but in the part V. of the “Force – Investigative Process for Use of Force Incidents Involving Serious Injury or Death” section, there is a provision for the release of information to the media. It provides that “[o]nly the Chief of Police or designee shall authorize information to be released to the media,” including in, “1. On-scene media interviews. 2. Press releases. 3. The names of anyone involved in the incident 4. Any other account of the incident.” Additionally, the Chief of Police has control over any subsequent media releases related to the incident.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Addressed in state of emergency curfew order. Omaha Mayor Jean Stothert issued an emergency citywide curfew on May 31, 2020 in response to the Black Lives Matter protests. “This Order shall not apply to law enforcement personnel, fire and medical personnel, members of the media.” There is no official policy in the Omaha Police Department manual.
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies. 
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

OKLAHOMA

OKLAHOMA CITY, OK

  • Recording of Law Enforcement Activity 
    • Oklahoma City expressly recognizes the right to record police officers. Oklahoma City Police Department Operation Manual section 189.0 provides that a person has the right to record the police unless they are in violation of the law. The policy also states that an officer must not direct the person to stop filming even if it is necessary for them to move locations. Officers are also prohibited from deleting any recordings. Some exceptions to this policy include “securing a crime scene or incident; preventing injury; or preventing obstruction with official police duties.” 
  • Media Relations 
    • OCPD Operation Manual section 404.0 provides that the police department will have an Office of Media Relations. In section 141.30 titled “Press Relations,” there is a detailed list of information that can and cannot be released to the news media and the list references confidential reports and personnel information.
  • Arrest Avoidance Procedures 
    • OCPD Operation Manual section 410.0 provides that if “conflict arises between a member of the department and a member of the press, a supervisor and the public information officer shall be notified as soon as practical and informed of the circumstances.”
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies.
  • Equipment Search/Seizure Protections 
    • Equipment seizure is specifically addressed in the context of recording law enforcement. OCPD Operation Manual section 189.0 provides that officers may seize media equipment if: “ [1.]an officer has a valid warrant to seize or search the device; 2. the person in possession of the device is under arrest; or 3. an officer has probable cause to believe the device contains evidence of a crime.” Further an officer may seize equipment if “a. the person in possession of the device consents to the seizure; or b. the officer has probable cause to believe (i) failure to seize the device would lead to destruction of the evidence of a felony crime or (ii) delay would endanger the life of another.” 
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

TULSA, OK

  • Recording of Law Enforcement Activity 
    • Tulsa recognizes that “[n]ews media personnel have a right to perform news gathering functions at all newsworthy events and to report or photograph anything they observe when legally present at an incident area.” TPD Policy 105A.  
  • Media Relations 
    • Tulsa has enacted a media relations policy that contemplates the department’s willingness “to partner with news media organizations to meet our mission by disseminating relevant and timely information regarding criminal activity, public safety issues, crime prevention, major incidents, and any matter involving the Police Department which is of public interest.” TPD Policy 105A. This policy allows media access to certain incidents and sets parameters for the release of information to members of the media.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies.
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies.
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

TENNESSEE

MEMPHIS, TN

  • Recording of Law Enforcement Activity 
    • The 2020 Memphis Police Department Manual explicitly recognizes a right for the general public to video record, photograph, and audio record members of the department while they are acting in their official capacity. The manual also states that recording police activity should not be considered suspicious activity. Members of the media are treated the same as the general public. The manual explicitly references locations of public protest as a place where there is a right to record. It further cautions that police shall not order someone to stop recording, request to see that person’s identification, demand the person to state a reason for why they are recording, detain the person, intentionally block recording equipment (i.e. put a hand over their camera), or threaten or intimidate the person recording. 2020 Memphis Police Department Policy and Procedure Manual. 
  • Media Relations  
    • Members of the media are treated the same as the general public and are “to be excluded from the crime scene along with all other persons.” However, news media do have “the right to take photographs of the crime scene from the outside of the crime scene perimeter if they so desire.” For some events, the manual states that media should be notified in advance. It specifically says: “[f]or example, a rally may require prior media notification to enhance participation and media contact after this event to publicize the outcome.” 2020 Memphis Police Department Policy and Procedure Manual.  
  • Arrest Avoidance Procedures  
    • Issue not addressed in reviewed policies.  
  • Dispersal Order Exemptions  
    • Issue not addressed in reviewed policies. 
  • Curfew Exemptions  
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections  
    • If the police have probable cause to think that recording equipment may contain evidence of criminal acts, they may request the equipment be given to them voluntarily or detain the person should they refuse to provide the recording device. 2020 Memphis Police Department Policy and Procedure Manual. 
  • Right to Carry Media Equipment  
    • The 2020 policy and procedure manual states that recording police activity should not be considered suspicious activity. It further cautions that police shall not order someone to stop recording, request to see that person’s identification, demand the person to state a reason for why they are recording, detain the person, intentionally block recording equipment (i.e. put a hand over their camera), or threaten or intimidate the person recording.  

Nashville, TN

  • Recording of Law Enforcement Activity 
    • The Nashville Police Department manual does not explicitly recognize a right to record. The manual does state that police may request to see media credentials at certain crime scenes, but does not issue media credentials themselves. 
  • Media Relations  
    • The 2018 Nashville Police Department Manual notes “Media representatives shall, at a minimum, be granted the same unrestricted access to an area as that given to members of the general public.” It continues: “In situations with an extreme outer perimeter, media representatives may be allowed, with proper approval/escort, to pass beyond the outer perimeter into a controlled area.” The Public Information Office is in charge of providing the media with information. 
  • Arrest Avoidance Procedures  
    • Issue not addressed in reviewed policies.  
  • Dispersal Order Exemptions  
    • Issue not addressed in reviewed policies. 
  • Curfew Exemptions  
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections  
    • Issue not addressed in reviewed policies. 
  • Right to Carry Media Equipment  
    • Issue not addressed in reviewed policies. 

TEXAS

ARLINGTON, TX

  • Recording of Law Enforcement Activity 
    • Arlington expressly recognizes a right to record police in public. “Persons who are lawfully in public spaces or locations where they have a legal right to be present . . . have a First Amendment right to record anything in plain sight of hearing, to include policy activity,” under the Arlington Police Department General Orders, Section 413.14(D)(1). “Police may not threaten, intimidate, or otherwise discourage or interfere with the recording of police, fire, or EMS public activities.” Section 413.14(D)(2). However, recording “may not obstruct police action[,]” cannot jeopardize the “safety of officers, victims, witnesses, and third parties[,]” and “must be conducted in a manner that does not unreasonably impede the movement of emergency equipment and personnel or the flow of vehicular or pedestrian traffic.” Id. 
  • Media Relations 
    • Issue not addressed in reviewed policies.
  • Arrest Avoidance Procedures 
    • Arlington provides that mitigating measures must first be taken before an arrest is made, and there must be an objective, articulable violation of law, and no exception to the warrant requirement applies after arrest. Section 413.14)(D)(3) of the Arlington Police Department General Orders provides that when someone is filming but also violating a law, police should inform them that they are engaged in prohibited activity and give information on acceptable alternatives, where appropriate, prior to an arrest.
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies.
  • Equipment Search/Seizure Protections 
    • Equipment search and seizure is only appropriate in exigent circumstances. Absent arrest of the recording party, recording equipment may not be seized without a warrant or recognized warrant exception. APD General Orders section 413.14(D)(3). Additionally, where a device is seized, “[f]iles and media shall not be altered or erased under any circumstances,” Id., and the device shall be returned at the earliest possible time to its owner. Section 413.14(D)(4).
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

AUSTIN, TX

  • Recording of Law Enforcement Activity 
    • The Austin Police Department recognizes that members of the general public have a First Amendment right to record police in public spaces. APD General Orders Section 302.2(c) provides that “as long as the photographing or recording takes place in a setting at which the individual has a legal right to be present and does not interfere with an officer’s safety or lawful duties, officers shall not inform or instruct people that photographing or recording of police officers, police activity or individuals who are the subject of police action (such as a Terry stop or an arrest) is not allowed; requires a permit; or requires the officer’s consent. Additionally, officers shall not: . . . 4. Detain that person . . . .”
  • Media Relations 
    • Austin Police guidelines provide media with access to police controlled scenes and describe policies to facilitate the free flow of information to the press. APD General Orders section 326.3 states that “[a]thorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions.” However valid credentials must be shown and reporters cannot interfere with emergency operations and criminal investigations. Id. Additionally, “reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations.” Id.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies.
  • Equipment Search/Seizure Protections 
    • Austin Police can seize media equipment but only under “exigent circumstances” after consultation with a supervisor. Under APD General Orders section 302.2(f)(3), if an individual declines to voluntarily provide a recording device an officer must believe exigent circumstances exist to support the seizure and must consult a supervisor before seizing the device. Additionally, the officer shall only view media “directly related to the exigent purpose,” Section 302(g)(3), and shall “not, under any circumstances, erase, delete, instruct, or require any other person to erase or delate any recorded images or sounds from any camera or other recording.” Section 302(h).
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

DALLAS, TX

  • Recording of Law Enforcement Activity 
    • Dallas expressly recognizes a right to record in public. Dallas Police Department General Order 331.03 provides that “any bystander has a right to photograph and/or video/audio record the enforcement actions of any police officer” so long as the person does not jeopardize the safety of themselves or others, break the law, impede an officer or intrude on a crime scene, private property or location not normally accessible to the public or under police control.
  • Media Relations 
    • Dallas provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies, and other law enforcement activities. DPD General Order 323.02, provides that “[t]he ranking officer at the scene of a police incident will provide timely situation briefings to members of the media. This responsibility may be delegated to a knowledgeable member of the ranking officer’s staff. In extreme cases, personnel from the Media Relations Unit may be summoned to the scene to conduct the media briefings. If a member of the Media Relations Unit is summoned to the scene, he/she will assume the role of media coordinator and brief the media when requested by the officer in charge.” Section 323 governs press relations.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • While not formalized in its police manual, Dallas has exempted journalists from city curfews. In a May 31, 2020, emergency regulation, the City of Dallas implemented a curfew specifically exemption “members of the news media.”
  • Equipment Search/Seizure Protections 
    • Dallas provides protections against unlawful searches/seizures of media equipment. DPD General Order 323.01, states “[n]o member of the media shall have any property confiscated or threatened with confiscation without due process of law. This includes cameras, film, notes, etc.”
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

EL PASO, TX

  • Recording of Law Enforcement Activity 
    • El Paso expressly recognizes a right to record in public. El Paso Police Department Procedural Manual Section 521.4 provides that members of the media have “the right under the to photograph and report events which take place on public property.”
  • Media Relations 
    • El Paso provides guidelines for media releases and media access to scenes controlled by police officers that is at least commensurate to that granted to members of the public. EPPD Procedural Manual Section 343.3 provides that the department has a responsibility to notify the press of police investigations that might “stimulate general community interest.” Under Section 521.3, police must provide reporters with access to public areas and should not be denied access to crime scenes any longer than is necessary to allow for crime-scene processing or collection of evidence. Section 521.5 provides that when reporters are violating no law, “[o]fficers will not impede the media” and describes the media’s responsibility to collect information about events of public interest.” The Department also issues non-mandatory press passes to journalists so that they can be more readily identifiable at police-controlled scenes.
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies. 
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

FORT WORTH, TX

  • Recording of Law Enforcement Activity 
    • Fort Worth does not expressly recognize a First Amendment right to record police in public. Fort Worth Police Department General Orders section 328.06(F) recognizes a right to protest and remind officers that citizens at civil disturbances and protests possess the technology “to video all actions by police” but does not express the constitutional right to record.
  • Media Relations 
    • Fort Worth provides guidelines for credentialed reporters to have special access near scenes of major incidents, including natural disasters, hostage negotiations, civil disorders and protests, fires, explosions, and plane crashes. “Media representatives displaying appropriate press credentials shall be allowed immediate access to an area adjacent to the command post in unusual events,” FWPD General Orders section 212.03(A). Additionally, under General Order 212.04, “[m]edia representatives shall be given guided access and, when feasible, preference to crime scenes as soon as it is determined to be practical by the ranking investigation supervisor.”
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • In the past, Fort Worth has not provided a media carveout for curfews. 
  • Equipment Search/Seizure Protections 
    • Issue not addressed in reviewed policies. 
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

HOUSTON, TX

  • Recording of Law Enforcement Activity 
    • Houston expressly recognizes a right to record in public. Houston Police Department General Orders section 600-21 “recognizes that members of the general public have a First Amendment right to video records, photograph, and/or audio record officers of the Houston Police Department in any public setting.”
  • Media Relations 
    • Houston grants members of the media access at scenes controlled by police officers and provides lines of communications and processes for getting information to the press at crime scenes and other police events .  HPD General Orders section 800-1(b) provides that police “shall provide the media with information regarding the scene or event in a timely manner.” Section 800-02 provides that police are further “allowing passage through police lines when it does not jeopardize public safety or compromise a criminal investigation.” Additionally, Section 800-02 provides that police will sometimes direct reporters to designated areas during “special-threat situations.”
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • Houston provides protection against deletion of photographs or videos and against warrantless seizures of a recording devices. “[O]fficers shall not erase or delete, or instruct or require a person to erase or delete any media.” HPD General Orders 600-21(3). Additionally, a warrantless seizure without consent of a device is only permitted with consultation of a supervisor and when there is probable cause the device contains evidence and exigent circumstances are present. HPD General Orders 600-21(5).
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

SAN ANTONIO, TX

  • Recording of Law Enforcement Activity 
    • Issue not addressed in reviewed policies.
  • Media Relations 
    • San Antonio provides guidelines for media releases and media access to police-controlled scenes. San Antonio Police Department General Manual Procedure 307.07 (C) provides that “Officers should not restrict the movement of media personnel unless their actions clearly and directly interfere with police operations or investigations. The mere presence of media personnel, the taking of pictures, or the asking of questions does not constitute unlawful interference.”
  • Arrest Avoidance Procedures 
    • Issue not addressed in reviewed policies. 
  • Dispersal Order Exemptions 
    • The San Antonio Police Department General Manual lays out procedures for dispersal at Procedure 804.06–.07 but does not contain any exemption for members of the news media.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • San Antonio provides protections against unlawful searches/seizures of media equipment. “No member of the media shall have any property seized or threatened with confiscation without due process of law (i.e., cameras, videotapes, film, notes, etc.).” SAPD General Manual, Procedure 307.07(E).
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.

WISCONSIN

MILWAUKEE, WI

  • Recording of Law Enforcement Activity 
    • Milwaukee PD Standard Operating Procedure 755 provides that “[t]he public, including media representatives, have an unambiguous First Amendment right to record police officers in public places, as long as their actions do not interfere with an officer’s duties or the safety of officers or others.”  However, such recordings must take place a “reasonable distance” from police officers “engaged in enforcement” and cannot “obstruct police actions.”
  • Media Relations 
    • Issue not addressed in reviewed policies.
  • Arrest Avoidance Procedures 
    • MPD Standard Operating Procedure 755 states that “[p]ersons who violate the foregoing restrictions [concerning recording law enforcement activity] should be informed that they are engaged in prohibited activity and given information on acceptable alternatives where appropriate . . . prior to making an arrest.”  Moreover “[a] police supervisor should be summoned to any incident in which an individual recording police activity is going to be, or will most likely be, arrested or when recording equipment may be seized without a warrant or lawful consent.”
  • Dispersal Order Exemptions 
    • Issue not addressed in reviewed policies.
  • Curfew Exemptions 
    • Issue not addressed in reviewed policies. 
  • Equipment Search/Seizure Protections 
    • MPD Standard Operating Procedure 755 provides that “[a]rrest of an individual does not provide an exception to the warrant requirement justifying search of the individual’s recording equipment or media.  While equipment may be seized incident to an arrest, downloading, viewing, or otherwise accessing files requires a search warrant[, a]ny files and/or media coming to the attention of a police member shall not be deleted, erased or tampered with under any circumstances.”  The same policy states that “recording equipment shall not be seized” absent arrest of the recording party, and that police officers shall not order an individual to show any recordings to law enforcement absent exigent circumstances.  If “a recording device or media is seized without a warrant or obtained by voluntary consent, the seized item shall be held in department custody no longer than reasonably necessary for the police, acting with due diligence, to obtain a warrant.  The device must be returned at the earliest possible time.” 
  • Right to Carry Media Equipment 
    • Issue not addressed in reviewed policies.  However, the equipment search and seizure protections specified in MPD Standard Operating Procedure 755 relate to this issue.

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