about documenting and recording ICE activity.

I attended a virtual training the other day and took some notes. Maybe you’ll find them helpful.

• You have the right to photograph or film anything plainly visible in public. The owner of any private property makes decisions about what can be recorded on said property. Some states have two-party consent rules about recording, so you should check that information for your state (Wisconsin is a one-party consent state).
• Your recording cannot be deleted without a warrant. If an officer takes your phone, make a detailed record (including badge number, license plate, other observers present) and report to your legal team or your local ACLU. 
• You have First Amendment rights to protest, record, and alert the community. The Fourth Amendment requires a judicial warrant (signed by a judge, dated, and with a specific target) in order for officers to enter your home or take your belongings. ICE may try to do this anyway, which is why it’s important to document. 
• These rights do not protect you if you break other laws while protesting or observing, such as taking your hands off the steering wheel while driving, interfering with police action, trespassing, vandalism, etc. 
• Top priority must be safety and de-escalation. Maintain enough distance that an officer has to walk to get to you (some states have specific distances required by law). Avoid sudden movements. Don’t record while driving. Film openly and keep hands visible. Follow lawful instructions. Don’t block exits or physically resist or obstruct an arrest. When you follow officer instructions, record yourself complying. 
• Capture details and context, like street signs and numbers. Try to also get weapons, badges, uniforms, documents. 
• If you are observing an unlawful arrest, get the footage to the victim’s family or legal team, or contact immigration orgs in your area. 
• The use of whistles has not been tested in court. They are more likely to be allowed when used to alert the community and not to interfere with officers. 
• US law does not require anyone to carry proof of citizenship, but some people have used it to avoid illegal detention. However, there is a risk that your documents will be taken from you. You can carry a copy and let an emergency contact know where the originals are, if you choose to. 
• Use your best judgment when assessing risk. None of this is legal advice; I’m a writer who attended a livestream and not a lawyer.