DENVER — The Colorado State Legislature is putting police on notice: they need to stop intimidating citizens who record arrests on public streets.
The idea for the proposed new law evolved after some lawmakers saw a series of reports aired by FOX31 Denver Investigative Reporter Chris Halsne.
A bystander approached FOX31 Denver last Fall after shooting video of a Denver Police narcotics squad roughing up a drug suspect and then tripping his pregnant girlfriend when she tried to get them to stop punching the man.
The images were captured by a construction business owner named Levi Frasier. Frasier told Halsne, officers threatened him with arrest, bullied him, and then tried to seize the video file inside his “tablet” without a warrant. FOX31 Denver found secondary videotape and witness testimony which backed up Frasier’s claims.
Wednesday, State Representative Joe Salazar (D) Thornton, told us that what he saw in the TV reports “kicked off the idea of a new piece of legislation.” A bill, which may be finalized before the end of the month, reportedly strengthens the rights of citizens to sue police in civil court for trying to stop lawful recording of their activities.
Rep. Salazar told Halsne outside a state Capitol hearing room, “The bill that Representative Esgar and I are bringing strikes to the heart of what you`re talking about. It prohibits that type of police conduct. It prohibits their interference and retaliation for taking away a person`s recording.”
Salazar added, he understands it’s already illegal under federal law for police to seize most smartphone recordings without a warrant, but when an officer violates that law, it’s rare that law enforcement agencies or local District Attorneys’ move to punish the officer.
Salazar tells FOX31 Denver, he believes if departments have to start paying out civil penalties, they might start reacting differently to such violations.