Primex 2 Law Enforcement Symposium How Should Municipalities and Police Departments Deal with Modern Day Protesters and Video/Audio Tapers

Your Presenters Thomas Mullins, City Attorney City of Keene 3 Washington Street Keene, NH (603) Charles P. Bauer, Esquire Gallagher, Callahan & Gartrell, P.C. 214 North Main Street P.O. Box 1415 Concord, NH

What Have We Learned Since Earlier Civil Rights, Student, and Political Protests?

Outline Legal Overview New Hampshire Right-To-Know Law – RSA 91A First Amendment Right of Freedom of Expression, Freedom of Assembly, Freedom to Petition, Government, and Limitations on Time, Place, and Manner Recent Court Cases – Guiding Factual Circumstances: –Glick v. Cunniffe, 655 Fed.3d 78 (1 st Cir. 2011) (peaceful video/audio taping of police arrest from a safe remove: on the Boston Common) –Gericke v. Weare, et al., 11-cv-231-SM (Order dated October 15, 2012) (interjecting and interfering with late night traffic stop) Wiretapping Statute – RSA 570-A:2,I –Secret/Deceptive or open/notorious? –AG Memo (3/12)

What Not to Say Dont curse or swear -- Dont lie, fabricate, or overstate Dont scream – dont shout Dont be argumentative Dont threaten

What Not to Do No Pepper Spray Occupy Berkeley Protesters Getting Pepper Sprayed

What Not to Do No Throwing Flowers Hippies Placing Flowers in Guns

What Not to Do National Guard

What Not to Do No Water Hoses and Dogs Fire Hoses Against Protesters

What Not to Do No Shouting and Cursing Blasting out Noriega in Panama with Heavy Metal

What Not to Do No Hand in Camera The Paparazzi Heisman Block

What To Do and Say Go about your regular business Stay calm, polite, and reasonable Be professional and business like Act as if your words and photograph are going to be on the front page of the state newspaper Ask for additional time Ask for some consideration Be reasonable Request your supervisor Take the theater out of the event Take the drama down

Questions?