THE IMPLICATIONS OF MAJOR NEWS OUTLETS BROADCASTING LAW ENFORCEMENT-CITIZEN ENCOUNTERS: ARE THEY RELIABLE?

njdiver

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THE IMPLICATIONS OF MAJOR NEWS OUTLETS BROADCASTING LAW ENFORCEMENT-CITIZEN ENCOUNTERS: ARE THEY RELIABLE?

First, this Note will outline the legislative history of the Freedom of Information Act ("FOIA"), and how it has been amended over the years in order to properly balance the public's interest in obtaining records from Federal agencies versus national security and privacy interests. Second, this Note will discuss the role and history of major news outlets in regards to their coverage of serious crimes. Third, this Note will illustrate how the Fourth Amendment of the United States Constitution has been applied to an individual's encounter with law enforcement. Fourth, this Note will further discuss how advancements in technology have allowed individuals to use their cell phones to record encounters with law enforcement, and how such recordings are gathered by major news outlets and portrayed to the greater community. The facts section of this Note will discuss how law enforcements across the country have received government funding to establish police body-camera programs. Next, the facts section will examine the high-profile cases that led to the movement of law enforcement departments to utilize police body-cameras when conducting their duties in public. The analysis section of this Note will examine how there could be possible civil claims, 42 U.S.C. [section] 1983, that may arise from the use of police body-cameras and public disclosure of these recordings by the media. Additionally, the analysis section will further examine potential criminal violations that may arise from the use of police body-cameras by law enforcement when conducting warrant searches. Finally, this Note will conclude that video recordings broadcasted by major news outlets should not be utilized in 42 U.S.C. [section] 1983 claims unless the footage shows the actual circumstances that preceded the deadly police encounter.

 

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