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Filming Police with the Pennsylvania Mobile Justice App

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filming-police Racial profiling, over-policing and excess force are plaguing communities all over the country: Pennsylvania’s American Civil Liberties Union empowers Pennsylvanians with a new app designed to address law enforcement misconduct. The Mobile Justice PA app came about partly due to the instances in which Philadelphia police officers impeded or arrested citizens who were filming them.

The First Amendment protects Americans against governmental censorship, allowing freedom of speech. Law enforcement officers serve on behalf of the government and are public officials. Therefore, one would believe that the right to film police officers without concerns about legal repercussion would be expected; however, courts are split concerning this matter and are working toward a resolution.

The Right To Film Law Enforcement

Transparency in law enforcement is extremely important to the public. A Pennsylvanian’s ability to film police can provide valuable evidence related to government misconduct. Filming police officers is not legal in all 50 states; however, in numerous states where filming law enforcement is legal, there is a misconception that it is not. The Mobile Justice App is available in Pennsylvania, Arizona, California and 14 other states. The United States District Court for The Western District of Pennsylvania supports the right to record.

Smartphones Offer A Way For Pennsylvanians To Film Law Enforcement

Smartphones are everywhere, which means that the majority of the public can film police encounters with them. Ben Bowens is the communications associate at Pennsylvania’s ACLU. He states that, “ We are in such a society at this point where that’s [filming police] probably going to be happening anyway, every time there’s an incident, you always see people standing around with their cell phones videotaping.”

The Mobile Justice PA app allows individuals to:

  • Know their rights when they encounter or witness an incident involving law enforcement. With this app, users can attain valuable information by accessing the ACLU’s full “Know Your Rights” library with just the click of a button.
  • Document law enforcement misconduct via recordings and then securely submit the recordings of the incident directly to the ACLU of Pennsylvania.
  • Receive alerts from fellow Mobile Justice PA app users who are witnessing incidents in their area.
  • Know when and where the ACLU is holding action and events locally and throughout the state of Pennsylvania.

The Mobile Justice App Could’ve Made A Difference

Bowens describes a case in Fayette County in which the Mobile Justice app may have made a difference:

In 2012, Gregory Rizer was arrested and charged with violating Pennsylvania’s wiretap law because he used his phone as a means to audio-record Officer Kevin Lukart, a Point Marion police officer. He made the recording because he felt that Officer Lukart was extremely aggressive while questioning Rizer’s friend, Shannon Hughes. Rizer’s phone was confiscated. Eventually, his phone was returned to him; however, the SIM card storing the recording was missing. Consequently, thwarting his ability to offer evidence to support his accusations. In Oct. 2013, the case was settled.

Bowens states that with the Mobile Justice app, there is no reason to be concerned that the police officer (or anyone else) will go through your phone since as soon as you stop recording, the content is immediately sent to the ACLU of Pennsylvania.

Recording Law Enforcement Is Legal

Elizabeth Pittinger is the executive director of the Citizen Police Review Board in Pittsburgh. She states that traditionally, the statement made by an officer holds more weight than a civilian’s statement does, especially a civilian with a checkered past. According to Pittinger, there have been incidents in Pittsburgh involving law enforcement confiscating or breaking civilians’ phones. She believes that this app may reinforce the fact that it is okay to record incidents with law enforcement; while, reassuring individuals that their devices will not be broken or confiscated.

At DeLuca, Ricciuti & Konieczka, we have the benefit of understanding criminal cases and defense from both angles because all of our criminal defense attorneys are former assistant district attorneys. Our knowledge of the tactics the government uses in conjunction with our trial experience assists us in defending our clients here in the state of Pennsylvania. If you or someone you care about is facing criminal charges, please contact us today to schedule your complimentary initial consultation.

Sex Offenders and Pennslyvania’s Megan’s Law

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Because many people are uncomfortable talking about sex crimes, it can often be difficult for individuals to define what constitutes a sex offender. A lack of understanding of these laws can lead to inadvertently breaking the law. In addition, when the general public doesn’t understand the laws, it can create even more confusion and put individuals at a higher risk for becoming a victim. With Megan’s Law, which requires the state to maintain an updated sex offender registry, it’s even more important for residents to understand the definitions so they can weigh the level of risk when choosing a home.

What Is a Sex Offender?

According to the Pennsylvania state laws, a sex offender is anyone who has been charged and convicted of a sexually related crime. This can include rape or any kind, whether with a minor or an older individual, including those who are impaired by drugs, alcohol or a mental disability. Sexual assault also falls under this category. While similar to a rape charge, a charge of sexual assault typically refers to cases where consent could not be given, such as juvenile detention centers mental health facilities, schools, child care facilities and sports venues. Some of the other potential charges that fit under this category include aggravated indecent assault and indecent assault.

Megan’s Law

Megan’s Law was instituted to help protect individuals from being assaulted by a known sexual offender. While there’s little that can be done to prevent assaults from a new offender, the government determined there was a way to keep track of existing offenders and provide valuable information to anyone who may come in contact with them. This law was created in response to a young lady named Megan who was lured by a neighbor who was a two-time convicted pedophile. This law requires all states to maintain an updated, accurate sex offender registry that is open to the public so parents and others can use it to protect their children and other at-risk individuals in the community.

Pennsylvania Sex Offender Registry

Every individual is convicted of a sex crime may be ordered to register on the sex offender list depending on the severity of their offense. For individuals who commit a tier one offense, registration is required for 15 years. Tier two crimes require 25 years on the list and tier three crimes mandate lifetime registration because these are the most dangerous offenders. Offenders who are convicted of any sex crime and are considered sexually violent predators or a child who is deemed a sexually violent deviant child will be required to register for life. However, juveniles who are convicted under typical circumstances are not required to register per Pennsylvania law. It’s also important to consider the frequency of reporting required.

  • Tier one offenders must report annually
  • Tier two offenders must report twice a year
  • Tier three offenders must report four times a year
  • Transient offenders must report monthly

During this reporting period, sex offenders must report any change in name, address, contact information, student enrollment status or anything that may put them in contact with at-risk individuals.

When you are facing charges that could land you on the sex offender list, it’s important to make sure you fully understand the consequences and how to handle your case. Our experienced attorneys have handled a number of cases will ensure you have the guidance you need to reduce your risk of being forced to register as a sex offender. Contact our offices today for a free legal consultation.

Never Walk Alone With The Companion App

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companion-app The new awareness of on-campus crime started the development of databases that gauge the safety at colleges and universities.  Schools also keep students informed with crime alerts so they can proceed with their business with improved awareness.

However, while the databases and crime alerts have their place, they act only as data. Campus security may develop measures to ensure safety but students may still feel unsettled as they walk between the library and dorm or downtown on a Saturday night. Five students from the University of Michigan confronted this issue using technology. The result of their efforts was the Companion app.

How Companion Works

Companion works by allowing your friends or family members to monitor you as you travel alone. It is available for both Android and iOS systems and once downloaded, it uses GPS, mapping, and messaging functions to keep chosen contacts informed while you are on your route. You choose who receives the information and you contacts do not need the app to be there for you.

To use the app, you first designate people from your contacts list to act as “companions.” These individuals will receive a text with a link to a map that shows your location, using your phone’s GPS function.  Any contacts who are available will acknowledge your message and you can proceed knowing they are aware of your intentions. When you arrive at your destination, the app alerts your safe arrive to your friend or family member.

If circumstances become questionable while you are traveling, there are options for getting help. On the user end, there is a button for a quick call to the police. You can also indicate “I feel nervous” which puts your companion on alert. If while on route you start running, drop your phone or have your headphones ripped off, your contacts receive an alert and you have 15 seconds to hit an “I’m OK” button. If you do not hit that button, the app will make loud alarm sounds and your contacts can call the police right away as well. This series of events intends to chase away assailants or at least get law enforcement to your location as soon as possible.

Assurance Of Safety

The overall consensus about Companion is users feel safer. It is likely that this safety is not an illusion, but actually real. Specific reasons for this may include:

  • Communication: The app encourages users to report to someone when they leave a location and when they arrive at a destination.
  • Response time: If users do not arrive at their destination at the expected time or something occurs, contacts are alerted immediately. There is no waiting until the next morning or later to notice someone is missing. An immediate response can delay or prevent a crime—or at least get victims out of harm’s way sooner.
  • Confidence: Criminals do not pick their victims randomly.  Since users will appear less frightened and proceed in areas with more confidence, they are less likely to be victims due to their appearance of not being an easy mark.

University of Michigan students already indicated an interest in using this app. But interest is not limited to them. Families want to invest in it to protect children and elderly relatives. The possibilities of promoting safety and reassurance appear endless.

Crime Prevention?

Companion’s creators look to collaborate with campus security to add Companion systems in colleges and work with police to monitor area crime. These efforts are expected to have some crime prevention value. One week after releasing the second version of the app, 500 incidents of feeling unsafe were reported by users offering data to police departments and campus security.

At this time, it is too early to know how Companion will affect the crime rate. The obvious assumption is that data may lead to more police patrols and at least crime interruption, if not prevention. It will take time to see how that works out. For now, it is a tool that helps individuals stay in contact with others and feel safer as they move between destinations.

DeLuca, Ricciuti & Konieczka is a criminal defense firm consisting of former prosecutors. We have seen both sides of cases and use our firsthand knowledge to provide you the best defense possible when you face charges. Contact us today for representation in your criminal matter.

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