Live Pd: Breaking Laws And The Consequences

Live PD, an American television program that aired on the A&E Network from 2016 to 2020, showcases the other side of law enforcement, with camera crews following six police departments across the country. The show has gained a loyal fan base, but it has also raised questions about the legality of filming suspects without their consent and the potential destruction of evidence. While some argue that the presence of camera crews serves as a distraction for officers, others believe it holds the police accountable and ensures they are on their best behaviour. The show has captured several incidents, including a police officer breaking down after learning of a child's death and a high-speed chase that resulted in an accident and the arrest of the driver. Live PD has sparked debates about the ethics of reality TV and its impact on the legal system, with critics arguing that it exploits footage of people at their weakest moments.

Police brutality

In the United States, the use of police brutality has been linked to the "warrior mentality" and militarization of police departments. Under this system, new recruits enter police academies and may be instructed in a manner similar to paramilitary training. Some police academies even employ independent training companies, such as Close Quarters Battle, which has trained the United States Marine Corps, Navy Seals, and the special forces of other countries. Recruits will learn that any situation, including routine ones such as traffic stops, can turn deadly, and they receive minimal training in how to manage complex social situations.

In the Southern United States, some of the earliest roots of policing can be found in slave patrols. Beginning in the 18th century, white volunteers developed slave patrols (also known as "paddyrollers"), which were squadrons that acted as vigilantes. In 1704, the first slave patrol was established in South Carolina. Eventually, all states with legal slavery had slave patrols, and they functioned as the first publicly funded police force in the South. These patrols focused on enforcing discipline and policing of African-American slaves. They captured and returned fugitive slaves, quashed slave rebellions, terrorized slaves in order to prevent rebellions, broke up slave meetings, and kept slaves off roadways.

In the 19th century, police brutality was often directed at European immigrant communities, particularly those from Ireland, Italy, Germany, and Eastern Europe. The different cultures of these communities were often framed as "dangerous", which called for the enforcement of law and order. For example, Irish immigrants were considered a "dangerous" class and experienced discrimination by nativists. Meanwhile, organized crime and political parties were often intertwined, and police typically turned a blind eye toward gambling and prostitution if managed by politically influential figures.

In the 2000s, the federal government attempted to track the number of people killed in interactions with US police, but the program was defunded. In 2006, a law was passed to require reporting of homicides at the hands of the police, but many police departments do not obey it. Some journalists and activists have provided estimates, limited to the data available to them. In 2019, 1,004 people were shot and killed by police according to The Washington Post, whereas the Mapping Police Violence project counted 1,098 killed. Statista claimed that in 2020, 1,021 people were killed by police, while the project Mapping Police Violence counted 1,126. From 1980 to 2018, more than 30,000 people have died by police violence in the United States, according to a 2021 article published in The Lancet. For 2023, Mapping Police Violence counted at least 1,247 individuals killed, making it the deadliest year on record. The US police have killed more people compared to any other industrialized democracy, with a disproportionate number of people shot being people of color.

In the United States, race and accusations of police brutality continue to be closely linked, and the phenomenon has sparked a string of race riots over the years. Notably, the uprising caused by the arrest and beating of Rodney King on March 3, 1991, by officers of the Los Angeles Police Department. The brutality was videotaped by a civilian and widely broadcast afterward. When the four law enforcement officers charged with assault and other violations were acquitted, the 1992 Los Angeles Riots broke out.

In May 2020, the issue of police brutality saw a surge in public response following the murder of George Floyd in Minneapolis. Related protests occurred nationwide and internationally, beginning in Minneapolis, Minnesota, on May 26, 2020. In 2016, Tony Timpa was killed in the same way in Dallas. These protests were attended by thousands of people across the United States and had a worldwide impact on the outlook of police brutality.

In the United States, investigation of cases of police brutality has often been left to internal police commissions and/or district attorneys (DAs). Internal police commissions have often been criticized for a lack of accountability and for bias favoring officers, as they frequently declare upon review that the officer(s) acted within the department's rules or according to their training. For instance, an April 2007 study of the Chicago Police Department found that out of more than 10,000 police abuse complaints filed between 2002 and 2003, only 19 (0.19%) resulted in meaningful disciplinary action. The study charges that the police department's oversight body allows officers with "criminal tendencies to operate with impunity," and argues that the Chicago Police Department should not be allowed to police itself.

Suspects' consent to be filmed

Suspects on Live PD do not always consent to be filmed. The show features police officers in the course of their patrols, broadcasting their interactions with the public. Due to the nature of the show, suspects are often filmed without their consent. While the show is live, it is not exactly live—there is a delay of several minutes to ensure that confidential or inappropriate material is not aired. This delay is long enough to acquire written consent from those being filmed in some cases.

In one instance, Randy Wallace, a resident of Tulsa, Oklahoma, featured on the show in February 2017, later criticized the police department for implying he was a gang member. Wallace admitted that he signed a waiver when presented with one by a production team member. However, not everyone is offered the option to sign these forms. A man in Walton County, Florida, who was detained on suspicion of driving a stolen vehicle and handcuffed on the show, claimed he was never given the opportunity to sign any forms and was upset about being portrayed as a criminal.

Legally, Live PD is likely within its rights to film suspects without their consent due to right to privacy laws. Mark Rosenberg, an attorney specializing in intellectual property law, states, "When you're outside in a public place, you have no expectation of privacy. You can video people and use them on television." However, there are limitations to this. Cameras for Live PD typically remain outside private residences unless they are invited in, and footage of people in doorways is usually captured from a viewpoint that someone passing by on the street would see.

Additionally, people who are asked to sign waivers may be approached by producers for publicity purposes, such as using their footage in a television commercial or other advertisements for the show. In the case of being detained by police with a camera crew present, individuals do not need to give permission to be filmed or withdraw their consent.

Destruction of evidence

The American television program "Live PD" aired on the A&E Network from 2016 to 2020. The show followed police officers on their patrols, broadcasting their interactions with the public.

In June 2020, it was revealed that Live PD had destroyed footage related to the March 28, 2019, police killing of Javier Ambler, a 40-year-old Black man. Ambler died after being tased multiple times and pinned by police while pleading for his life, saying that he could not breathe.

The destruction of this footage is a clear example of destruction of evidence, which is a criminal offence. As a result of the destruction of evidence, Williamson County, Texas Sheriff Robert Chody was indicted and arrested for evidence tampering. Chody was also facing criticism for his agency's decision to give gift cards to deputies who used force.

The indictment states that Chody instructed Live PD producers to delete the video footage of Ambler's death, despite initial requests from the police to retain the footage. Chody claimed that the decision to bring charges against him was politically motivated, as he was up for reelection. However, prosecutors argued that the destruction of the footage hindered their investigation, as it would have provided crucial information about the actions of the deputies involved.

The destruction of evidence, in this case, had significant implications for the investigation and accountability for Ambler's death. It also highlights the complex ethical issues surrounding the presence of camera crews and reality television shows in police operations.

Distraction to officers in the field

However, Bynum later changed his stance, recognising the value of the footage for training purposes. He noted that the footage allowed training staff to teach from real-life scenarios at the academy. Bynum also acknowledged the importance of transparency and showing the work of police officers to the community.

Despite these considerations, the Tulsa Police Department initially decided against renewing its contract with Live PD. This decision was influenced by criticism from community activists regarding the portrayal of certain communities and concerns about the potential impact on officer safety and community relations.

Other law enforcement agencies, such as the Williamson County Sheriff's Department in Georgetown, Texas, have also raised concerns about the show's portrayal of their communities and the lack of access to footage for criminal cases.

The presence of camera crews and the potential for footage to be used on Live PD has been a divisive issue, with some arguing that it improves transparency and accountability, while others believe it distracts officers and negatively portrays communities.

Accountability and access to footage

The show Live PD has been criticised for its lack of transparency and accountability. While the show was marketed as a window into law enforcement, it has been revealed that police departments were able to influence what was aired. This raises questions about the true purpose of the show and whether it was, in fact, an attempt at transparency or simply entertainment.

The Marshall Project, in partnership with The Daily Beast, conducted an investigation into the influence of police departments on the show. They found that police officers were able to review footage before it aired and, in some cases, asked for specific encounters to be cut. In one instance, a police captain in Warwick, Rhode Island, wrote to the show, expressing concern that the method used to catch a shoplifter was "way outside of [their] policy" and would "be opening up some scrutiny issues with the city and our insurance company". The incident was never aired.

In another instance, a sheriff's deputy in Spokane, Washington, forcefully removed a woman from her home after she called them over a domestic violence incident. The woman had told officers they needed a search warrant to enter, and when she attempted to close the door, the officers dragged her out of the house. Representatives from the sheriff's department asked that the encounter not be aired due to "procedural issues". The show's producers attempted to edit the footage, but the department was not satisfied, and the encounter was never aired.

Big Fish Entertainment, the production company behind Live PD, denied that the incidents were censored due to police requests. They claimed that the incidents were not aired for other reasons, such as time constraints or network standards. However, the investigation raises concerns about the show's portrayal of police conduct and the potential shielding of police misconduct.

The issue of access to footage is also important. While the show provided an inside look at police work, the general public did not have the same access to the footage. This created a duality where those accused of crimes may not have had full access to the footage surrounding their arrest, while edited portions of the footage remained available for all to see. This raised concerns about fairness and the right to reasonable doubt.

In the case of Javier Ambler, a Black man who died while being handcuffed, tasered, and pushed to the ground by sheriff's deputies, Live PD was found to have destroyed the footage. This was despite the fact that the video evidence was crucial to the investigation into Ambler's death and the potential prosecution of those involved. The destruction of evidence further called into question the show's commitment to transparency and accountability.

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