Attorney General Opinion Request on M...

Attorney General Opinion Request on MHPD tint and recording law enforcement.

Posted in the Mountain Home Forum

Kenneth Freeman II

Mountain Home, AR

#1 Sep 11, 2013
This is the request for an opinion from the Attorney General in Arkansas. I submitted this request to the house of reps after Carry Manuel, Chief of Police refused to remove their illegal tint. Show your support @ facebook.com/illegaltint
September 10, 2013

The Honorable Dustin McDaniel
Attorney General
State of Arkansas
323 Center Street, Suite 200
Little Rock, AR 72201

Dear Attorney General McDaniel:

I am writing to request your opinion regarding the rights of citizens to photograph and file charges against city, state and county officials, who are believed to be guilty of violating state statutes. I am requesting your opinion on the following questions:

1. Are city and county law enforcement agencies responsible for developing policies that adhere to, and do not infringe upon, A.C.A.§ 27-37-306 – Arkansas Tint Law, A.C.A.§ 27-51-202 – Restrictions not applicable to emergency vehicles, and A.C.A.§ 27-51-204 – Maximum and minimum speed limits - Exceptions? If so, then:

(a) Are citizens allowed to photograph or video-tape the believed infractions, with respect to time place, and manner rules and regulations, as long as positive interference with a governmental function can’t be affirmed?
(b) Should local law enforcement, prosecuting attorneys, or district judges establish stipulations on a citizen that diminish ones right to record officers in the discharge of their public duties or extort agreements to such stipulations by use of intimidation or threats of incarceration
(c) If a citizen documents unlawful activity committed by a Chief of Police, or by an officer in the city limits, or an elected official working for the city, who is responsible for taking a report and ensuring that the accused will not be shown favor or leniency with respect to due process and equality?

2. If a citizen suspects law enforcement officers, or elected officials, within the county is guilty of violating an Arkansas State Law such as ARK. CODE ANN.§ 5-54-122 - Filing false report with law enforcement agency, or other state statutes, which could end their career, who is responsible for taking a report of the allegation, investigating the allegation, and ensuring that the law is enforced without favor or malice?

Thank you for your assistance in this matter.

Sincerely,

Karen S. Hopper

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