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8.10.2000 00:05
Police directive

Providence Police Chief Urbano Prignano Jr. issued the following directive yesterday:

To: All Commanding Officers

The Providence Police Department is regularly involved in events for which members of the news media seek information or photographs. Under such circumstances, the members of the Department, both sworn and civilian, have three responsibilities:

To bring the police operation at hand to a successful conclusion.

To protect the constitutional rights of accused persons.

To cooperate with media efforts to obtain and disseminate factual information.

The Providence Police Department actively seeks to establish a cooperative climate in which information in matters of public interest may be obtained in a manner that does not hamper police operations or abridge the rights of the accused. At the same time, it is the policy of this administration to foster a relationship of mutual respect with media personnel assigned to cover police events.

Officers coming into contact with members of the media shall adhere to the following rules:

1. At no time shall an officer interfere with the lawful right of a photographer or reporter in their efforts to photograph or report a police event. Officers should note that members of the media have the same rights as any member of the public. As such members of the media should be allowed anywhere the public would be allowed. This provision does not grant any greater access to crime scenes or safety perimeters which have been set for legitimate law enforcement purposes, but instead serves as a reminder to officers that they may not interfere with the actions of the media simply because they do not agree with the coverage of an event.

2. Officers may not seize the work product (film, photos, notes etc.) or equipment from a reporter or photographer in an effort to further a criminal investigation.

42 U.S.C. sec. 2000 (aa): . . . "Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce. . . ."

While this section of the United States Code does have some exemptions, it is the policy of this department to refrain from seizing the work product or equipment of a reporter or photographer unless there is consent or prior judicial approval.

3. Officers shall not take custody of a member of the media by force or otherwise unless there is probable cause to believe that the person to be taken into custody has committed a crime.