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Bryan Sullivan spoke with Law and Crime about privacy concerns after NYPD officers were seen recording individuals as they were leaving a Drake concert at the Apollo Theater in Manhattan. Video of the incident quickly surfaced online, and sparked discussions of the legality of this action and the potential use cases for the videos recorded by the NYPD.

As Bryan explained, the NYPD was legally allowed to take video of the public sidewalk outside of the venue, but this video would likely only be used as evidence if a serious crime had taken place at the concert. “For example,” he shared, “if a violent crime such as a shooting or terrorist attack were to take place in or near the theater, the exit video might be helpful to identify witnesses or track down the perpetrator. However, it is highly unlikely that the police would employ such a technique for minor offenses.”

Upon considering whether this type of video surveillance from the NYPD could become more common, Bryan highlighted potential risks, noting that, “If police were known to videotape people entering or exiting an event of a political or controversial nature, it might deter individuals from attending — and thereby constitute a violation of free assembly rights.”

Was It Legal When NYPD Filmed Drake Fans Leaving NYC Concert Without Their Consent? – Law and Crime