Seattle police to issue new policy on bystanders

The Seattle Police Department this week plans to issue a new policy clarifying when bystanders are within their rights to observe and document officer conduct and when they're interfering with officers' law enforcement duties, a department official told the City Council's Public Safety Committee during a briefing Tuesday.

The new policy clearly reminds officers that bystanders have a right to watch or film officers making an arrest, as long as they don't interfere or threaten their safety, said Kathryn Olson, civilian director of the department's Office of Professional Accountability, which investigates allegations of police misconduct.

The policy follows a settlement last year in which the city paid $8,000 to a photographer who was unlawfully arrested for taking pictures of two officers arresting a suspect downtown.

Officers already are trained that the public is entitled to observe their conduct but a number of complaints in the past few years have stemmed from confrontations between officers and bystanders gathering around an incident. In one case in November 2006, Bogdan Mohora, an amateur photographer, was arrested after he took photos of officers making an arrest and refused to hand over his camera.

No charges were filed and Mohora settled a legal claim against the city last year.

The policy is intended to clarify when bystanders' behavior is considered threatening or unlawful, such as when they move too close or step into a scene, Olson said. It also emphasizes that police can't simply seize someone's camera for video evidence without cause or court order and suggests alternative means of negotiating with the witness.

Pieces of the new directive previously existed in other department regulations and weren't as clear, Olson said. The American Civil Liberties Union, which represented Mohora, worked with the department in crafting the policy.