TWO police officers are being investigated over YouTube videos that allegedly show them knocking mobiles out of the hands of members of the public who were trying to film them.
One case in Glasgow shows a man's mobile knocked to the ground and apparently smashed by an officer who then denied lashing out.
Another video, filmed during an arrest in Edinburgh, shows an officer moving towards the cameraman and smacking the mobile out of the way. The man involved claimed he was arrested immediately afterwards.
One of Scotland's top police officers, David McCall, assistant chief constable for British Transport Police, circulated advice years ago saying officers have no powers to stop members of the public filming them.
A civil rights campaigner who viewed the YouTube footage said the officers could be guilty of "criminal damage" and advised the public to keep cameras handy as a "useful and protective tool".
The controversy follows the Grampian Police arrest of a cameraman involved in the filming of You've Been Trumped, broadcast by the BBC in October – when last week the same force was given new body cameras to film its daily interactions.
The first video, uploaded in June 2012, shows a Strathclyde Police officer approaching a group of men in Glasgow after a girl in a nightclub claimed they "annoyed her".
During the exchange viewed by more than 1300 users the officer is heard apparently in the video telling the group: "If you annoy somebody then it is a breach of the peace." The individuals maintained annoying someone isn't illegal, in the footage, but the officer replied: "If it causes an annoyance then it is an offence."
The policeman also said it is illegal to film people in public, at which one of the group started his own recording. The footage then shows the constable apparently knocking the phone from his hand where it could be heard smashing on the ground, saying: "Don't ever take my picture. Don't ever take my picture."
The second video, uploaded in September, shows three Lothian and Borders officers arresting a man in the street. Two male officers were filmed holding the suspect while a female officer beat his legs with a baton and shouted: "Get on the floor!"
The uploader of the footage claimed he was detained for filming the incident. A comment beneath the video read: "I got arrested for filming them. Go figure."
The uploaders of the videos were unavailable for comment.
John Scott, QC, defence lawyer and former chairman of the Scottish Human Rights Centre, said: "People have every right to film police officers, but there is a danger that the presence of a camera could make the exchange more heated."
The two forces behind the two incidents seen on YouTube confirmed they are investigating the footage.
A Strathclyde Police spokeswoman said: "In general terms, the police have no powers to stop the public filming or taking photographs, but this can very much depend on the circumstances."
A Lothian and Borders Police spokesman said: "We intend to look in further detail at the circumstances behind this incident in order to determine whether any action is required."
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