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Ohio Audits

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I am not providing legal advice, and the summaries are merely my interpretations. I encourage everyone to read the laws for themselves. Below are links to the actual laws as provided by the State and Local governments.

Federal Laws

DHS Memo from 2018: Operational Readiness Order HQ-ORO-002-2018 Photography

https://www.dhs.gov/sites/default/files/publications/Operational%20Readiness%20Order%20HQ-ORO-002-2018%20Photography%20and%20Videotaping%20....pdf

(Summary) We can film in publicly accessible areas on federal property.

Katz vs United states (Expectation of privacy) 1967

https://supreme.justia.com/cases/federal/us/389/347/

"a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the "plain view" of outsiders are not "protected," because no intention to keep them to himself has been exhibited. On the other hand, conversations in the open would not be protected against being overheard, for the expectation of privacy under the circumstances would be unreasonable"

Am. Civil Liberties Union of Ill. v. Alvarez

https://casetext.com/case/am-civil-liberties-union-of-ill-v-alvarez/case-summaries 

No right to privacy and the first amendment protects the ability to record in public.

United States vs Paxton

https://casetext.com/case/united-states-v-paxton-14

Finding no privacy interest supporting use of state eavesdropping statute to criminalize third-party audiovisual recording of police officers performing their duties—including engaging citizens in non-confidential conversations—in public places 

Naveed vs City of San Jose

https://casetext.com/case/naveed-v-city-of-san-jose

Finding a First Amendment interest in "nonconsensual audio recording of public officials performing their official duties in public" 

J.A. Vs Miranda

https://casetext.com/case/ja-v-miranda

Finding "[a]udio recording is entitled to First Amendment protection," and such protection includes "prohibit[ing] government from limiting the stock of information from which members of the public may draw." 


Ohio State laws

https://codes.ohio.gov/ohio-revised-code

ORC 149.43 - Availability of public records for inspection and copying

Otherwise known as the Sunshine Laws:

B(9)(a) - Upon written request made and signed by a journalist, public service worker shall disclose to the journalist the address of the actual personal residence of the designated public service worker.

E(2) - The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices.     

ORC 149.43 - Definition of a journalist

C- As used in division (B)(9) of this section, "journalist" means a person engaged in gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.

Ohio common law - No expectation of privacy in public

https://withoutmyconsent.org/50state/state-guides/ohio/common-law/

ORC 2903.22 - Menacing

No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person

ORC 2917.11 - Disorderly Conduct

Quietly filming and standing still is not disorderly.

ORC 2911.21 - Criminal tresspass

https://codes.ohio.gov/ohio-revised-code/section-2911.21

ORC 149.43 B - State FOIA law

ORC 149.43 B (4) - No ID required for FOIA


Local laws featured in videos

City of Ashtabula - 509.03 Disorderly conduct; intoxication

https://codelibrary.amlegal.com/codes/ashtabula/latest/ashtabula_oh/0-0-0-8563#JD_509

Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; 

Noises, insults or physically preventing movement. Risk of physical harm.

City of Warren - 509.03 Disorderly conduct; intoxication

https://codelibrary.amlegal.com/codes/warren/latest/warren_oh/0-0-0-7165

Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; 

Noises, insults or physically preventing movement. Risk of physical harm.

City of Warren - 525.13 INTERFERING WITH CIVIL RIGHTS

https://codelibrary.amlegal.com/codes/warren/latest/warren_oh/0-0-0-8377

(a)  No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.

(b) Whoever violates this section is guilty of interfering with civil rights, a   misdemeanor of the first degree. (ORC 2921.45)       

City of Warren - 525.02 FALSIFICATION (Note: False police reports)

https://codelibrary.amlegal.com/codes/warren/latest/warren_oh/0-0-0-8377

(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

(2) The statement is made with purpose to incriminate another.

(3) The statement is made with purpose to mislead a public official in performing the public official's official function.

City of Warren - 525.18 REFUSAL TO DISCLOSE PERSONAL INFORMATION IN PUBLIC

https://codelibrary.amlegal.com/codes/warren/latest/warren_oh/0-0-0-27199

(a) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) (Summary) The person is a witness to someone committing, someone committed, or is about to commit a criminal offense.


City of Warren - Police Policy

105.2 - Media at major crime scenes

105.3 Media presence

102 Rule 218 - Illegal orders

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