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NCJ Number: 66588 Find in a Library
Title: LEGAL QUESTIONS CONCERNING DOCUMENTATION AND PRESERVATION OF EVIDENCE BY THE POLICE DURING LARGE-SCALE DEMONSTRATIONS - PART 2 - WEST GERMANY
Journal: POLIZEI  Volume:68  Issue:9  Dated:(SEPTEMBER 8, 1977)  Pages:284-287
Author(s): R KRUEGER
Corporate Author: Carl Heymanns Verlag
Germany (Unified)
Date Published: 1977
Page Count: 4
Sponsoring Agency: Carl Heymanns Verlag
5 Cologne 1, Germany United
Format: Article
Language: German
Country: West Germany (Former)
Annotation: WEST GERMAN REGULATIONS WITH REGARD TO OBSTRUCTING POLICE EVIDENCE COLLECTION AT MASS MEETINGS ARE ANALYZED.
Abstract: THE WEST GERMAN CODE FOR CRIMINAL PROCEDURE GIVES POLICE OFFENDERS THE RIGHT TO PROCEED AGAINST INDIVIDUALS WHO TRY TO PREVENT POLICE PHOTOGRAPHY BY USING MIRRORS OR HOLDING OBJECTS IN FRONT OF POLICE CAMERAS. OTHER REGULATIONS FORBID THE CAMOUFLAGING OF PARTICIPANTS OF MASS GATHERINGS THROUGH THE USE OF SCARFS, MAKEUP, OR MASKS; HOWEVER, IT IS QUESTIONABLE WHETHER THE USE OF SUCH CAMOUFLAGING TECHNIQUES CONSTITUTES SUFFICIENT REASON FOR DISPERSING THE DEMONSTRATION. CONTRARY TO THE ACTIONS OF THE SECRET SERVICE AND INTELLIGENCE AGENCIES, POLICE WORK IS PUBLIC, AND THEREFORE POLICE OFFICERS THEMSELVES MAY BE PHOTOGRAPHED BY OUTSIDERS UNLESS SUCH PHOTOGRAPHY THREATENS POLICE EFFECTIVENESS (E.G., FOR UNDERCOVER ACTIVITIES) OR PUBLIC SAFETY. IN ORDER TO GUARANTEE CONSTITUTIONAL LIBERTIES AND THE FREEDOM OF THE PRESS, THE MASS MEDIA HAVE MORE EXTENSIVE LIBERTIES FOR FILMING POLICE ACTIVITIES THAN PRIVATE CITIZENS. UNDER THE PRESS RIGHT TO REFUSE TESTIMONY, DOCUMENTATION OF PUBLIC EVENTS OWNED BY THE MASS MEDIA MAY ONLY BE REQUISITIONED FOR USE IN CRIMINAL TRIALS; PHOTOGRAPHS FOR IDENTIFICATION PURPOSES HAVE TO BE PURCHASED BY THE POLICE FROM THE OWNER. THE PRESS RIGHT TO REFUSE TESTIMONY IS LIMITED BY THREE RESTRICTIONS: (1) DENIED DOCUMENTATION MUST REALLY BE IN THE POSSESSION OF A PRESS AGENCY, NOT OF A PRIVATE PARTY; (2) THE PRESS AGENCY MUST BE FREE OF ANY SUSPECTED INVOLVEMENT IN THE OFFENSE; AND (3) THE REFUSAL DOES NOT APPLY TO MATERIAL CONTAINED IN THE CLASSIFIED AD SECTION. THE ARTICLE IDENTIFIES PERTINENT LEGAL REGULATIONS IN FOOTNOTES. FOR RELATED DOCUMENT, SEE NCJ-66587. --GERMAN
Index Term(s): Constitutional Rights/Civil Liberties; Crowd behavior; Evidence collection; Freedom of the press; Germany; Media coverage; Participant identification; Photography; Police legal limitations
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66588

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