Public trust in law enforcement is fragile. And when police officers abuse their authority, the problem is made worse if those who dare to hold them accountable face intimidation, retaliation or worse.

A majority of officers are dedicated to serving and protecting their communities with integrity, but let’s be real — every barrel has its bad apples.

Law enforcement in Hawai‘i has struggled occasionally to keep the public’s trust, which can be rebuilt if authorities embrace accountability and transparency.

Passage of Senate Bill 307 would be a step in the right direction, explicitly protecting the right of citizens to record police activities.

After all, law enforcement should not fear transparency unless, of course, it has something to hide. 

The right to document the activity of police officers is fundamental to democracy. The First Amendment has long been understood to protect this right, yet some officers across the country, including in Hawai’i, forget that. 

Take the case of Tommy Russo, former publisher of MauiTime. In 2012, he was arrested simply for filming police conducting a traffic enforcement operation. He hadn’t committed a crime, yet he was detained on suspicion of failing to comply with a lawful order.

Thus began a long legal ordeal for Russo that didn’t end until the Hawaiʻi Supreme Court issued a ruling in 2017 that absolved Russo and made it clear that people have a right to record the police.

SB 307 makes it even clearer, and that’s good because there’s a troubling pattern nationwide of police using their authority to stifle scrutiny.

For instance, after filming Freddie Gray’s arrest in Baltimore in 2015, Kevin Moore alleged that he was harassed by police and later arrested in apparent retaliation for documenting the incident.

Moore’s footage of Gray’s violent arrest became a pivotal part of the public outcry over the case, which sparked widespread protests and calls for justice. The subsequent harassment Moore faced highlights the risks citizens encounter when holding law enforcement accountable, further emphasizing the need for stronger protections for individuals who record police actions.

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Sending The Right Message

SB 307 is more than just a legal protection, it’s also a powerful tool for officer education and training. It reinforces the responsibility to uphold trust and prioritize integrity over power in every interaction. It empowers law enforcement to build stronger, more genuine relationships with the community.

As a testifier put it during a hearing before the House Judiciary and Hawaiian Affairs Committee on March 18, “It’s not we got to earn their trust, they have to earn back the people’s trust, the community’s trust.” 

The Office of the Public Defender submitted written testimony supporting the bill, emphasizing that while the right to record law enforcement is already protected under the U.S. and Hawai‘i constitutions, SB 307 is necessary to ensure individuals can maintain control of their recordings and hold officers accountable for violations.

“Without consequences, law enforcement will continue to unconstitutionally prevent individuals from recording their activities,” the testimony stated.

The League of Women Voters of Hawai‘i echoed this sentiment, arguing that video evidence is often essential in cases of police misconduct.

“Almost no one voluntarily admits that their behavior was inappropriately abusive or violent,” the league wrote. “Video recordings can be used to prove what was actually said and done. That is why the public should have the statutory right to record law enforcement activities and file lawsuits when necessary to protect this right.”

While the bill has cleared the Senate and two committees in the House, it awaits consideration by the House Finance Committee. That’s a problem, because there’s no reason why a bill aimed at protecting citizens’ right to record law enforcement should have to come before this committee. It’s a straightforward issue of transparency and accountability, not finance.

Layers Of Accountability

Law enforcement has operated without enough oversight for too long. If officers are truly committed to serving the community, they should welcome the accountability that comes with being recorded.  

In reality, recordings serve to protect both law enforcement and the public.

Police body cameras also help with accountability, but they are far from perfect. Officers still have control over when cameras are activated, and plainclothes officers aren’t required to wear them.

That’s where we, the public, come in. Our handy smartphones act as a critical backup, often ensuring that no moment goes undocumented. Citizen recordings add an extra layer of oversight beyond what might be captured on official footage.

When trust is strong, communities are more likely to work alongside law enforcement, reporting crimes and providing crucial information.

If true transparency is the goal, it requires more than just department-issued cameras, it requires an engaged and vigilant community. 

Strengthening oversight measures is key to rebuilding public confidence so that citizens see officers as guardians of the community rather than just enforcers of the law. 

True accountability fosters mutual respect, leading to safer neighborhoods, improved cooperation and a justice system that serves everyone fairly. When trust is strong, communities are more likely to work alongside law enforcement, reporting crimes and providing crucial information. 

Transparency, accountability and open communication are the foundation of a policing system that truly protects and serves.

This conversation isn’t about blaming all cops; it’s about making sure no one is above the law.