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Altair Club Cars Police, Drones, & Auditing: When is it legal?

Police, Drones, & Auditing: When is it legal?

Check out full interview video by @Geeksvana with NPCC:

Welcome back to the channel and to the sofa for more discussion on law today talking about auditing and the legality of auditing and the behavior of auditors and the response by police and whether that response is proportionate and whether the behavior of said auditors is proportionate in respect of the police response so welcome back i am a barrister who helps you

Understand law please do subscribe and like this video if you like free legal guidance and education from me on this channel so there is an increasing number of auditor channels across youtube and indeed across the internet across multiple different platforms but are these auditors breaking the law well in typical lawyer fashion my answer is it depends it always

Depends it depends on the individual circumstances but as a very broad brush taking your camera outside and filming what’s going on provided that it’s not in a restricted area provided that if it’s a drone it’s not a drone that is restricted within that area or you’re flying over a restricted area or let’s say you’re trying to film in a court which is obviously

I say obviously some people don’t know but it should be obvious that filming in a court building is prohibited even judges don’t have any discretion about filming in a court building so don’t do it that is contempt of court so unless you are actually breaking any of those laws taking your camera out by itself and without more is not breaking the law however as i

Said it really depends on what you do next if you are following someone around for an extended period of time and you know and you’re or you intend that that is causing them intentional alarm and distress and you keep doing it and they’ve asked you to stop doing it whilst there is no automatic expectation and certainly no automatic right of privacy out in a public

Place if what you are doing is continually following and harassing that person then it might amount to alarm and distress and you might be crossing the threshold of breaking some laws now of course there is an overlap here between whether what you are doing is actually criminal or whether you’re doing it for journalistic purposes and the lines between journalism have

Blurred quite significantly in recent years with the uprising of various social media platforms but one thing that i want to focus on in this video and i’m going to splice in in just a moment a couple of clips where sean from geeksvana channel which i will link in the description below fantastic channel about drones by the way which you should subscribe to where he

Speaks to the national police chief council and their drone team i will include one or two very short clips in just a moment and you can go and watch the full video yourself off very interesting but both these clips and what i want to say about it is that there is a way of educating people there is a way of making sure that everybody understands what the rules are

Now the basic premise of these audit interactions we’ll call them is that the police or security officers or who with whomever those interactions might be should know the law now yes of course they should know the law but what if they don’t if they don’t know the law then it’s not really sensible it’s not really fair to be ridiculing them on social media now the

Interaction may or may not be pleasant it may or may not be aggressive if it’s aggressive then obviously there needs to be an assessment of whose aggression it is and how they are interacting and what they say to each other because what could otherwise be an ordinary disagreement now not everybody agrees all the time i frequently say you might disagree with me on

This channel but say there’s a disagreement that should not then turn into threats of any kind and aggression that puts somebody else in fear of violence for example if somebody disagrees i don’t know with the car that i drive or the way that i dress when i’m out and about that’s fine if they disagree with any of those things not that anyone was going to disagree

With my white t-shirts you understand except perhaps on youtube which seems to be frequently but anyway by the way if my response to that is one of aggression and let’s say with a threat and says you better not say that again or else i’ll come and find you that that’s a threat of violence that’s the threat of harm it’s putting someone else in fear of harm and i

Would know if i use those words that it’s likely to put someone else in alarm distress and fear of harm that is obviously crossing a threshold because we shouldn’t be saying those things to each other in a civil society so whilst lots of people disagree and say you should be able to say those things and you should be able to use free speech to say what you want

To say trust me whenever the courts are called upon to make decisions in these types of cases the court will look to what a civil society should look like and behave like and the behavior between those parties and how did people respond and what was the intention behind those people’s actions in the first place case in point if we take somebody standing outside a

Police station and they are filming the police station for no other reason than to just film the police station to see what happens now there’s two possibilities here one is that it’s filming the police station just for the interest of what does the police station look like the other is and seems to be fairly frequent to elicit a response from the officers within

The police station to say you’re not allowed to be filming this police station but if you were to put yourself in those officers shoes they have a duty they have a job they’re part of their job is to protect the police station the integrity the security of the station the officers people coming and going who are obviously coming and going in their own vehicles

Which some people if acting nefariously may be able to take the registration numbers and find out where they live and so on and so forth those offices are going to take steps and measures to protect the police station strictly speaking if someone is flying a drone above a police station looking at the police station it’s not necessarily or automatically breaking

Any laws but if the police officers do ask you questions because they’re trying to ascertain whether or not you are a risk to the station its officers and the security of all of the above then that interaction should be looked at through this lens of reasonableness are the officers being reasonable in the way that they ask the questions for example if they just

Storm over and arrest you there and then i don’t think that’s reasonable if they come over and politely ask you a question as to what you’re doing and you say that it’s just for the interest of the channel and so on and so forth and you are reasonable with them and then they are satisfied as they should be in most of those situations that you’re not actually a risk

To the security of the station and you’re not a terrorist and so on then that should be it it should be a civil interaction and off you all go the problem appears to come when either the officers act overly aggressively in that instant and to overstep their powers because ultimately you’re not doing anything wrong unless you are seriously suspected of say being a

Terrorist or you are carrying out hostile reconnaissance of the station to determine its security flaws and so on and secondly if your reaction is one of true hostility as well whilst of course you don’t have to say anything to the police you don’t have to answer their questions but as i’ve said previously on this channel if you refuse to answer those questions

And you are obstructive this can eventually lead to the police forming a suspicion that you are carrying out hostile reconnaissance on the police station so what may start out as something very legal plausible and perfectly normal make very quickly escalate into this interaction which let’s face it the police are quite likely to try to justify the additional use

Of force and detain you so with that i thought it’d be very interesting to show you one or two clips from geeksvana linked in the description below so so thank you for allowing me to use some of these clips these are just one or two clips that i found very interesting from the officers from their perspective which really accords with what i’m saying about let’s

All live in a civil society thank you for watching and take a look at these clips if if that’s the position if if the you know if it’s a legal flight then there’s no problem why do we see these videos online of police officers reacting so aggressively and reacting um in in that way to auditors um well that one in a comment on the actions of officers individual

Circumstances you know fully aware of situations um just because auditing isn’t illegal it doesn’t mean that what they’re doing in their actions and their behaviors might not be illegal and as you said yourself you might be flying within all the walls but what you are doing is ultimately unlawful as well um so again with the officers they’re they’re human and if

They’re provoked and challenged by um members of public who are being confrontational for purely for the reason or provoking uh um or elicitating a response i would like to say that we’ll be professional enough not to for that to happen but um sometimes it does happen um sometimes opposite if they’re not aware of their powers or the legislation they can be you

Know they will try and fill that void um again with um not confrontation but you know being assertive but really nine times out of ten nine times out of ten and also will go now to have a conversation yeah deal with any concerns you know look for a resolution but if they’re challenged and provoked and that’s and that’s what their intention is yeah basically to do

Ultimately that’s probably what’s going to happen okay now not not all of the the requests and comments that we get from viewers view the police negatively in the situation actually they they um i get a lot of people who support the officers and and actually feel they should be um um acting acting in the way they are but to me somebody stood outside the police

Station disguising themselves flying a drone over the car park if i was a police officer i would be really concerned about that and i would be straight over there and i probably wouldn’t be particularly polite i’d want to know what what earth is going on is there actually a place for that aggression sometimes um well aggression aggression is determined that we

Wouldn’t probably use there are terms when you have to be assertive and you have to take control if you have someone who’s dressed all in black wearing a mask and is possibly doing what we would call hostile reconnaissance silver police station or could be standing there ready to attack the next stop so that comes out which again we’ve had a couple of stations then

If that officer does go over there they will probably be quite firm and robust in order to take control that situation and then afterwards slow time we’ll do that investigation and hopefully perhaps we’ll see a time where um once the the education through through offices of of of what is permitted has gone through correctly um we’re going to start seeing less of

This type of thing happening because we’ll have less officers reacting to it i think it’s so much the reaction i mean i mean there’s there’s numbers or an expectation that these audits are all football board and they’re not committing offenses and as steve alluded to there are other offenses that are going to be um committed that an auditor may not be aware but

Again it comes back to how do you deal with a police officer that comes and engages with you it’s not a case of just arguing there just for entertainment for the video well that’s that’s what this is isn’t it it is it’s edited entertainment really bring that right down okay you’ve got your reaction you’ve got the police there now there’s going to be a point in

Which an auditor knows what they’re doing is right or wrong and beyond that point as with anybody there’s going to be an element where you’re unsure and that’s what we’re hopeful hopeful with all this training now officers are going to be more equipped to be able to say as we said two pieces of legislation where we only need to suspect you’ve committed a crime

Transcribed from video
Police, Drones, & Auditing: When is it legal? By BlackBeltBarrister

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