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OFFICIAL PERMISSION FOR ACCESS
Police media guidelines: Some police departments have promulgated media guidelines. Many of these policies were developed with the help of press associations and media organizations, and others were formulated by police alone. These guidelines address release of information to the media, access to crime scenes and issuance of press credentials. They often state that the police department will release all information in a manner that does not jeopardize an individual's rights, impair prosecution or impede the law enforcement process. Guidelines vary on the issue of access to crime scenes. A "general order" from the Virginia State Police manual tells officers to "extend every courtesy" to reporters at accident scenes and allow them "permission of closer access to the scene" than that given to the general public. Officers cannot "discourage or encourage the media in photographing or televising anything withing their view." But officers can "cover or remove" evidence, victims and witnesses if necessary to "protect the integrity of the investigation" before allowing media access to the scene, and can impose more stringent access restrictions when necessary to protect evidence. (General Order 31) The St. Petersburg, Fla. police press guidelines favor media access. They state that "News representatives with properly displayed press identifications will be allowed to go as near as feasible to the scene itself. . . . News representatives are not to be considered as the general public in the area of an incident or crime scene, but as persons who must fulfill their assigned tasks." The guidelines also say that if the crime scene is on private property, the press has the right to remain in the area unless the owner of the property explicitly denies the media permission to enter. Conversely, guidelines for the Elkhart County, Ind. Sheriff's Department discourage the media from entering the scenes of crimes or disasters. Those rules state: "Pass cards do not automatically grant access to scenes of major fires, natural disasters or catastrophic events . . . This access may only be granted by the sheriff." Members of the media disagree about whether guidelines are a benefit. Some fear that development of formal guidelines may result in less access to places where newsworthy events are taking place. Police departments across the country are under some pressure to develop guidelines governing media relations. If a police department in the area you cover decides to implement guidelines, local media organizations may want to provide some suggestions or comments. Only three states, California, Ohio and Oregon, have statutes that specifically address media access to emergency scenes. The California statute says that police are not to prevent journalists from entering areas at disaster scenes that are closed to the general public. Although police can bar the general public from the scenes to protect public health and safety, they can only deny media access if the disaster may have been the result of a crime and police need to seal the area off to protect evidence. (Cal. Penal Code § 409.5) The Ohio disorderly conduct law prohibits interference with the police at the scene of an emergency, but states that "Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of his duties." (Ohio Rev. Code Ann. § 2917.13) Oregon law states that military or state police personnel may restrict access to a search and rescue area, but provisions "shall" be made for reasonable access by members of the media in the performance of newsgathering and reporting. (Or. Rev.Stat. § 401.570) Access to court proceedings: Most states permit unlimited press access to nonconfidential proceedings as long as space permits. This policy is codified in Georgia, where the Uniform Rules for the Superior and State Courts state that media representatives may be present at and unobtrusively make written notes and sketches during judicial proceedings. (Ga. Ct. Rule 22; Ga. Superior Ct. Rule 22) Some states have statutes or court rules requiring journalists to obtain credentials on a case by case basis. In Knox County, Tenn., journalists seeking to cover the criminal courts, general sessions courts and the Fourth Circuit Court in Knoxville must obtain from the Sheriff's Department the same photo identification badges worn by assistant district attorneys, public defenders, attorneys, court mediators and probation officers. (Knox. County Rules of Procedure Gen. Sess. Ct. Rule 8) In Alaska, media representatives wishing to cover judicial proceedings must submit an application to the presiding judge. If no judge has been assigned to the proceeding the application must be submitted to the area court administrator and will be forwarded to the judge immediately after assignment is made. (Alaska R. of Admin. 50[a](13)(a))
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