In recent times, the topic of recording police while they work has been in and out of the news. Recording police can be controversial for some, but for many, recording police activity is a way to keep officers accountable or to document the realities of how an arrest or police activity is completed. You do have First Amendment rights that you should be aware of when recording police, and it is also important to understand when police can legally stop you from recording. Our article gives you further details on the First Amendment right to record police.
Understanding the First Amendment
The First Amendment to the United States Constitution gives individuals the right to freedom of speech and freedom of the press. While there is nothing specific in the First Amendment about recording other individuals, many courts have come to the consensus that recording police is a matter of gathering information and keeping the government accountable, both of which are protected rights for United States citizens.
Do I Have the Right to Record Police?
You have the right to record police, as this is part of your protected First Amendment rights to gather information. However, you may run into issues with recording police when the police activity is occurring on private property or when the action of recording the police contributes to a crime, such as trespassing or invading certain privacy and security laws.
That being said, recording police from a safe distance and staying out of the way of officers is a good way to keep police accountable for their actions, ensure civil liberties are protected, and address any instances of misconduct by the police.
Making recordings of the police publicly available is also legal, as these recordings help to keep officers in check and increase transparency between the public and police officers. For the same reason, you may also be able to find details about civil issues, lawsuits, including those against police officers, and criminal records publicly available by using a specialized search engine.
When Can Police Stop Me From Recording?
In general, police can request that you stop recording them, but they are only able to stop you with a very good reason. It is your first to record police officers and police activity, and as long as you are far enough away that you are not impeding their work and you are remaining calm and respectful, there is not a lot a police officer can do to stop you from recording.
The only cases where you may not be able to continue recording police is if you are actively in the way of police activity in a way that contributes to unsafe conditions or impedes the officers from doing their jobs. Keep in mind that some police officers may claim that you are in their way as a method to stop you from lawfully recording – if this occurs, simply move to a safe, out-of-the-way location and continue filming.
Police officers are not allowed to demand your phone number, insist you delete the recordings you took of them or attempt to arrest you for recording. You may be at risk of being arrested for a pedestrian offense, such as jaywalking, by a police officer who is upset by your recording. If this does happen to you, continue recording as much as you can while complying with the officer. Your lawyer will be able to sort your case out later, and you may be able to press charges against the arresting officer for wrongfully charging or arresting you.
Simply put, as long as you stay out of the way, do not harass officers, and listen to safety instructions, police cannot stop you from recording their actions.
Stay Informed of Your First Amendment Rights
Recording the police can be a controversial action, and some police officers may take offense to this behavior. It is important to remain informed of your First Amendment rights and any specific state rights that apply to an interaction with the police. Doing so will keep you calm and collected, even in the case that an officer decides to act out. If you feel that a police officer has violated your rights, document details of the incident and contact a lawyer as soon as possible to explore your legal options.