In the era of smart phones, police officers ought to realize that they will inevitably run into people recording their activities and that they should not try to prevent this, let alone confiscate the recordings.

And most officers — and departments — seem to get it.

Unfortunately, that message hasn’t always gotten through. A few officers have been accused of forbidding recordings, seizing cameras and even trying to destroy videos — a clear violation of the First Amendment.

A witness told The Denver Post she was ordered by a Denver officer to not record the scene after officers shot and killed 17-year-old Jessica Hernandez in a Park Hill alley on Jan. 26.

A Denver officer in November was recorded punching a man in the face. But the witness who recorded the arrest says police confiscated his tablet and later returned it — after erasing the video. Fortunately, the video was stored on the cloud.

Thankfully, Rep. Joe Salazar, D-Thornton, is drafting legislation that would clarify the rules around what police can and cannot do when confronted with a camera, according to the Colorado Freedom of Information Coalition.

Salazar’s bill would cover only “lawfully” recorded incidents. But that includes most cases, since several federal courts have held that the First Amendment generally protects the right to record police.

Denver police in November 2013 released a “training update” for how its officers should react when people record their actions. At the time, a group called Denver CopWatch was recording police.

“The public … has the right to record, videotape, photograph or otherwise document officers and individuals contacted or detained,” the memo says. “Officers will respect citizens’ rights to observe and shall refrain from detaining or arresting individuals who are only observing.”

Unfortunately, so far there have been no court cases in Colorado affirming the public’s right to record. To clear up any lingering confusion, it makes sense for the state to put such a right into law.

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