Can you video record a cop

Special considerations when videotaping With regards to videotaping, there is an important legal distinction between a visual photographic record fully protected and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws. However, in nearly all cases audio recording the police is legal. In states like Texas that allow recording with the consent of just one party to the conversation, you can tape your own interactions with officers without violating wiretap statutes since you are one of the parties regardless of location.

In situations where you are an observer but not a part of the conversation, you generally can record the audio in police interactions if they occur in public where there is no expectation of privacy. A summary of state wiretapping laws can be found here. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.

Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording.

In many states see here you must affirmatively make people aware that you are recording them. Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment.

In a win for freedom of speech, the U. EFF filed an amicus brief in My conditions are but a drop in a dark sea of injustice. Join EFF Lists. Electronic Frontier Foundation. By Sophia Cope and Adam Schwartz. What to Know When Recording the Police You have the right to record police officers exercising their official duties in public. Stay calm and courteous. Do not interfere with police officers. If you are a bystander, stand at a safe distance from the scene that you are recording.

Police officers cannot order you to move because you are recording, but they may order you to move for public safety reasons even if you are recording. Police officers may not search your cell phone or other device without a warrant based on probable cause from a judge , even if you are under arrest.

Thus, you may refuse a request from an officer to review or delete what you recorded. You also may refuse to unlock your phone or provide your passcode. Despite reasonably exercising your First Amendment rights, police may illegally retaliate against you in a number of ways including with arrest, destruction of your device, and bodily harm. We urge you to remain alert and mindful about this possibility.

Special Considerations for Recording Audio The right to record the police unequivocally includes the right to take pictures and record video. Do Not Interfere With Police Officers While the weight of legal authority provides that individuals have a First Amendment right to record the police, courts have also stated one important caveat: you may not interfere with officers doing their jobs.

Last week, an amateur video appeared to show a U. Among these: Photographers can take pictures of anything in plain view from public space—including public officials—but private land owners may set rules for photography on their property. Daniel Sanchez recommended a slightly different tactic. Leanna Presson recorded a heated exchange between her husband and the officers who were arresting him for a DUI charge.

She thought the officers were being too rough with her husband and pulled out her phone to record the arrest. Soon after the phone started recording, she was placed under arrest as well for obstructing a police officer non-violently. This happened even though she was over 20 feet away from the officers, suggesting they were unaware of the law. In fact, not only did the officers use aggressive force on her husband — they showed similar force towards her.

The arresting officers shoved her into a fence during the arrest, which would later come back to implicate the officers. In the end, it was found that Mrs. What does this mean if you or someone you are with is stopped on the road, potentially facing a DUI?

There is a growing desire for civilians to record on-duty police officers to quell public concern over issues of accountability. Some officers welcome this change, recognizing it as a change of the times, while others adamantly — even illegally — oppose it. While there are a lot of inconclusive discussions circulating around social media or even your community, the facts are facts. The Lopez Law Group has experience in all types of cases, including those involving audio-video recording, such as those involving police incidents.

We can negotiate for a settlement for your case, take it to trial in state court, or guide you through the process of joining a class action suit.