These teens were pulled and ticketed for filming. Apparently there is a law in NJ that says the 1st Amendment is null and void if you are in your car driving down the road and wish to film on a parkway. ( I posted the law below). Surprisingly the the officer did not have a problem being on camera, his concern was that they were filming the cars driving down the road?
According to the YouTube description
This was recorded back in April. I was pulled over because my passenger was filming cars on the way to a car show. I ended up getting the ticket which read “Videotaping on authority property”. I feel this ticket is not only ridiculous, but unbelievably unconstitutional.
The driver, Mike emailed me explaining what happened.
When I originally went to court for this the judge said he had never seen a case like mine before. He couldn’t even find any information on “videotaping on authority property” anywhere in his computer database containing all laws and violations in the state of New Jersey. I pled not guilty and returned a month or so later.
When I returned the prosector was a friend of a friend who put in a good word for me. The prosecutor called in the officer who issued me the ticket. I asked if I could work it out without any fine but the cop refused. He told the prosector to charge me $20 for the ticket plus $33 in court costs. The total was $53 for doing absolutely nothing wrong.
I later found out that the price on the ticket is left up to the judge. They could have charged anywhere from $10 to $10,000. So with that, I was grateful.
About 4 months later I got a call from my friend who is friends with the prosector. He said the officer found my video online and told the prosector to make me take it down or else “things wouldn’t be good for me”. I didn’t take that as a threat, but as a “if we see you in our section of the parkway you will have a hard time”. My friend got it into my head that taking it down would help out the prosector since he helped me out. I was also told by a friend that it was illegal to film a law enforcement officer without their consent so I removed.
After a few weeks I called the ACLU where I found out it is completely legal for me to film the officer AND it was unjust of him to issue me a ticket for something that is not even against the law. With that, I reposted it to show how ridiculous some police officers can be. Just because they wear a uniform they think they can make their own rules.
Anyway, my passengers head and arm, shoulder down, were out the window along with the camera in his hand. He didn’t issue my passenger the ticket because he did not have a license and I guess this made up law is a moving violation so I received the ticket.
This is the statute they were cited under.
§ 19:9-1.22 Filming, photographing or videotaping on Authority property prohibited, except as authorized
§ 19:9-1.22 Filming, photographing or videotaping on Authority property prohibited, except as authorized(a) To insure the health, safety and welfare of motorists, the general public and the Authority, no person shall be permitted to park, stop, stand or travel at a slow speed in violation of N.J.S.A. 27:23-27, for the purpose of taking photographs, videos or motion pictures (hereinafter collectively “film”) on the Roadway, except as provided in (b) below or except as otherwise authorized pursuant to (c) or (d) below.(b) Notwithstanding (a) above, persons, with prior written permission from the Executive Director of the Authority, shall be permitted to take film in those portions of the service areas of the Roadway under the Authority‘s control which are not used for the moving, servicing or parking of vehicles, provided the taking of such film does not interfere with or obstruct the movement or flow of vehicles and people lawfully on the Roadway. Such interference or obstruction includes, without limitation, the taking of such film within 100 feet of any ramp or traveled roadway portion of the Roadway. Persons wishing to take film in those portions of the Roadway which are not under the control of the Authority, such as the buildings in the service areas which are under lease, shall contact the appropriate party for approval.
(c) The Authority, through its Department of Communications or successor department, Executive Director or designee, may grant a permit to take film on the portions of Authority property not specified in (b) above, provided the person(s) requesting such permit submits the following:
1. A written application to the Authority, at least two weeks prior to the date of the filming, stating the date, time and location of the filming, names and addresses of the applicants, the number of individuals and vehicles to be present at the filming, the purpose of such filming and any other information the Authority may deem necessary in order for it to make a determination that such filming can be conducted without a risk to the safety, traffic security or movement of the Roadway;
2. Certificates of liability insurance (indicating the New Jersey Turnpike Authority as an insured under the policy) in an amount deemed by the Authority to be acceptable given the nature and scope of the filming;
3. A copy of the motor vehicle insurance policy for each vehicle to be used in the filming; and
4. An indemnification and hold harmless agreement signed by all persons responsible for the filming, in a form provided by or acceptable to the Authority.
(d) The permittee shall comply with any Authority restrictions on the time, place and manner of the filming imposed as a condition of the grant of a permit in order to ensure the safety, traffic security or movement of the Roadway.
(e) The Authority shall grant such permit in accordance with (c) and (d) above, unless the Authority determines that the time, location or nature of such filming would create a risk to the safety, traffic security or movement of the Roadway and that such risk cannot be adequately controlled.
(f) In the event that a bona fide representative of the news media requires immediate permission to film an emergency situation on a portion of the Roadway not specified in (b) above, the Authority may grant a permit to film over the telephone to the news media representative, provided:
1. The applicant has previously obtained a valid press pass from the Authority;
2. The Authority has determined that such filming would not create an unreasonable risk to the safety, traffic security or movement of the Roadway; and
3. The applicant agrees to abide by certain time, place and manner restrictions on the filming which may be imposed by the Authority or the State Police to ensure the safety, traffic security or movement of the Roadway.