Why are documentary crews allowed to be a party to illegal activity? I was recently watching a documentary that was about underground firearms trade. The crew found themselves in the Philippines where Colt .45 1911 knockoffs were being manufactured and stamped with seals and phony serial numbers, and in Oakland California where those firearms were sold to an underground dealer, and in Mexico and Guatemala where the Oakland dealer sells firearms that have been used in a crime in the usa. The crew was surely witness to many crimes and knew the identities of the perpetrators. Just from the documentary I saw possession of illegal firearms, possession of drugs, sale of illegal firearms, and numerous others. I'm not sure, but the video leaves you with the impression that the crew may have also witnessed assault, battery, robbery, and maybe even murder. These are serious offenses that you would otherwise be legally required to testify to, but film crews seem to get a pass. To what extent does that exemption go? Are all crimes witnessed exempt or just some? What about special interviews with wanted criminals? They get a pass too? Maybe too much for this question, but what is the historical basis and reasoning for this allowance? I cannot think of any and it seems to me that people (producers of this content) stand to profit from these crimes, which I think is also a crime. What makes what they are doing exempt from prosecution?
The general concept is reporter's privilege, which is a protection against being compelled to testify about confidential information. There is no clear national statute or ruling in the US, but most states have enacted shield laws. Since these are state laws, they vary considerably. It had been thought that the First Amendment protected reporters from having to reveal sources, but in Branzburg v. Hayes, 408 U.S. 665, it was held that The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation That 1972 decision is the sum of what SCOTUS has to say about the topic. States then enacted various protections for reporters against compelled testimony. There are specific law requiring certain individuals to report suspected crimes, whereby doctors and teachers have to report certain suspicions or facts when they encounter them in the course of their work. As a subcase of mandatory reporting, in 18 states, everyone is required to report child abuse (but not in California). There are no mandatory reporting requirements for reporters apart from the limited universal requirement pertaining to child abuse. There are widespread laws against aiding and abetting, so if a reporter drove the getaway car, they would be in trouble – almost certainly not applicable to typical cases of investigative journalism. Some states have a law about failure to report a felony, so in Texas, it is a Class A misdemeanor to fail to report. However, the duty is somewhat narrowly limited to one who observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted Witnessing murder would be covered by this. Ohio has a stronger law, which creates a duty to report any felony. From what I can tell, California does not have such a law. [ADDENDUM] The Reporter's Committee for Freedom of the Press makes available a by-state compendium of legal sources, with case law for all sorts of situations.
They could be prosecuted in any state where there was evidence that part of the crime was committed. Realistically, either State A or State B could prosecute for conspiracy to murder as an additional charge, because the conspiracy clearly spanned more than one state, even if they can't prove where the crime was committed, although physical evidence (e.g. traces of camp sites, footprints, testimony about landmarks, evidence of poop with human DNA from the victim in it), would usually make it possible to show that some part of the crime was committed in the state. There is probably also a federal crime that could be implicated such as "murder involving flight across a state line" (hypothetical, but I'm sure that there is something similar on the books). I'm not going to address the further hypothetical as it is too bizzare and law is ultimately very context specific. Find a more plausible fact pattern, perhaps with a different crime, and ask a separate question if you want to really address the issue.
It's called police and prosecutorial discretion to discern when to arrest and prosecute; and that situation in particular is also the result of a decision of the jury of the court of public opinion. Permits are required to sell on the street in Oakland. But not everyone who sells has a permit, and not everyone who is confronted about not having a permit is arrested and prosecuted. There are simply too many potential cases to prosecute. And, the police officer has the discretion to ticket or not. When you get pulled over while driving or riding a bike, you don't always get a ticket, since the officer has the option of discretion. When the officer responded and found an eight year-old selling water, he obviously was aware of the fact that it was a violation. But he was also aware of the court of public opinion. What is it going to look like if he arrests an eight year old and their parent? Allison Ettel was right, in a purely legal sense, to make the report. And technically, the child (and adult) needed a permit. And could have been ticketed and prosecuted. But it was Ettel was tried and convicted in the court of public opinion, and she lost her case. Happens a lot.
The officers could incur liability under 28 U.S.C. 2680 (h) with jurisdiction under 28 U.S.C. 1346 (b). This would probably be considered "loss of property" or a "wrongful act". It is very rare for cases to go forward for this because of the costs of litigation against an officer. "[I]t is well recognized that ‘officers executing search warrants on occasion must damage property in order to perform their duty.’" Cody v. Mello, 59 F.3d 13, 16 (2d Cir. 1995) (quoting Dalia v. United States, 441 U.S. 238, 258 (1979)). “Before any due process liability can be imposed for property damage occurring in a lawful search, it must be established that the police acted unreasonably or maliciously in bringing about the damage.” Cody, 59 F.3d at 16. That actually means that the burden of proof is on the victim to show unreasonableness / maliciousness. It would probably be easier if the thing destroyed could not possibly have contained the item looked for. For instance, if they are looking for a 65" LED TV, they can't even look in a 64" dresser (or something smaller than the object that could not physically hold the object). This issue becomes moot when dealing with drugs.
The law was first promulgated on June 8, 1940 By the 76th Congress. The original text is here. It doesn’t seem to be a particularly important piece of legislation and I can find commentary on it and I’m not going to read the debates - if you do, please get back to us. Two points to note, it was passed at a time when most of the rest of the world was at war and the US was quietly preparing to be at war and it seems to be intended to fill a gap in state law since conviction under state law is a defence under Federal.
Yes, and sometimes it even makes perfect sense that such an activity would be a crime. For many crimes, attempting the crime is a crime. The attempt may have no actual effect on any person or property, but is still illegal. According to 16 U.S. Code § 1538(a)(1)(C) it is illegal to kill an endangered species on the high seas. A whale in international waters cannot really be considered anyone's "property" (and since it's in international waters there can't even be some weird theory of it being the government's property) but it is still illegal. 18 U.S. Code § 700 purports to prohibit the desecration of a flag, although this was found unconstitutional. 18 U.S. Code § 708 makes it a crime to commercially use the coat of arms of the Swiss Confederation, for some reason. And 18 U.S. Code § 711a makes it a crime to use the slogan "Give a Hoot, Don’t Pollute" for profit, except as authorized. (But maybe that sort of thing counts as intellectual property.) 18 U.S. Code § 342 makes it a crime to operate a passenger train under the influence of alcohol or drugs. This really only affects people and property if the train is driven improperly as a result; if you make it safely, you'd probably never even know. But the driver would still be facing up to 15 years in prison if he was caught doing that. And finally, according to A Crime a Day on Twitter: 33 USC §1232(b), 33 CFR §401.101 &amp; §401.94(a) make it a federal crime to violate the St. Lawrence Seaway regulations by not having a copy of the St. Lawrence Seaway regulations while you pass through the St. Lawrence Seaway.
Ah, but destroying the insulin is not "tantamount to to murdering the victim". Any pharmacy or hospital can supply more. Once the villain is secured, or the cop and victim are away from the villain, additional supplies can be obtained. That does not justify deadly force. (And since the T J Hooker series was set in a large US city, such supplies would have been readily available, 24/7. If the setting was far away from any such supplies, the case would be different.) However, if the cop has plausible reason to fear that the villain will attack him or the victim, and pose a serious threat of injury or death, the cop can use as much force as is reasonably required to defend himself or the victim, including deadly force if that is needed. He may not use more force than is reasonably required, but in practice once it is established that there was a valid threat, or reasonable grounds to believe that there was a threat, the cop's judgement on how much force was needed will only be overruled in a really egregious case. Under current law, the cop may not use deadly force simply to stop the suspect from escaping, unless there is some unusual factor involved. I think the law may have been interpreted differently on that point when the TV show was made, in the early 1980s.
There's no legal requirement in Canada or US that the police do anything to investigate a crime, so there's no requirement that they do anything specific to investigate a crime. If the police officers are satisfied by the witness accounts, or have some reason to think viewing surveillance recording wouldn't be useful they don't have to, either by law or policy. Note that ordinarily, police won't consider a physical altercation between two grown men a serious enough crime to warrant charges. If there was no serious injury and there wasn't a large discrepancy between the strength of the two men, police will often decline to lay charges even when they believe the evidence would sustain them. In this case the police may have decided it wasn't worth investigating further because it wasn't worth wasting the time of an already overloaded court system. The victim here still has legal options despite the lack action by the police. He can subpoena the video evidence if he wants to bring lawsuit for damages. In Canada, it's possible even to lay your own criminal charges in a private prosecution, although this much more expensive than a civil lawsuit.