Recording police officers is often a controversial subject, and many individuals want to make sure that they understand their rights before engaging in this activity.
States do have varying rules about recording police officers, and while many people see the recordings of police officers as a way to ensure fair treatment and proper police action, others might view these recordings as interrupting the police officer’s duties.
Our article gives you information on whether or not it’s legal and acceptable to record a police officer on duty and some of the limitations that you might need to keep in mind when attempting to record a police officer.
Reasons Why You May Want to Record a Police Officer
In today’s world, police actions are often under scrutiny and met with calls for reform. Many individuals believe that recording the police is a way to hold officers accountable for their actions should a unique situation occur, or as a way to ensure that safe and proper treatment is given to individuals falling under police scrutiny.
For many, a recording of their interaction with police provides a safety net and may potentially reduce the chances of incidents occurring.
That being said, some individuals believe that recording police officers only gets in the way of their officer’s actions and poses a safety risk to the person recording, the subject dealing with police, and the police officers themselves.
Whatever your reasons are for recording a police officer, it’s important to understand your rights and limitations to make your encounter with officers and the situation you are filming as safe for everyone involved as possible.
Is It Legal to Record an On-Duty Police Officer?
According to the First Amendment of the United States Constitution and precedent from the United States Supreme Court, the legality of the public to film an on-duty police officer is protected by the right to freedom of speech and freedom of the press.
That being said, there may be certain restrictions on the public’s right to film depending on state laws, privacy issues, and if the filming itself is disruptive to the police officer’s duties.
Limitations for Recording a Police Officer
The following limitations are important to keep in mind when recording a police officer; make sure that you understand your rights and what is or isn’t acceptable when recording to avoid complicated situations.
Don’t Interfere With the Officer’s Job
Even though recording a police officer on duty is legal most of the time, it’s important that you do not interfere with the police officer’s job.
This could involve things like yelling at the officer, attempting to provoke or distract them from their duties, or getting in between the police officer and the subject that they are dealing with. These actions may land you in legal trouble as well, and they will call your recording of the situation into question.
Listen to Reasonable Commands
While recording a police officer on duty, you must listen and abide by reasonable commands. Most of the time, these commands and requests are in the best interest of safety and allow the officer to perform their job correctly.
For example, if a police officer asks you to move back from the scene of a crime or incident they are investigating, you must do so. You can keep recording, but don’t ignore police officer requests or attempt to argue with them, as this puts you and your recording under scrutiny.
Understand Your Rights
If you are going to record a police officer on duty, you must understand your rights fully. Consult with the specifics of recording laws in your state and know that you most likely won’t be allowed to record in sensitive locations such as schools, areas containing minors, or locations such as hospitals that may have their own recording rules that you must follow.
Additionally, utilizing a hidden camera might be against specific location or state rules; it’s important to make it known that you are filming in most cases. You should also note that if a police officer attempts to take your phone, delete your recordings, or asks you to stop recording, you might not be required to follow their orders.
Typically, police officers must have warrants or a reason for seizure if they want to remove your recording device from you, and they are not legally allowed to delete things off of your phone. Understanding your rights and making sure you behave properly while recording a police officer helps keep you out of legal trouble.
Know Your State’s Laws
Knowing your state’s specific laws when it comes to recording police officers is another essential step to take. Some states are two-party states, in which both parties must consent to being recorded. Other states may have laws regarding privacy, sensitive locations, and the type of recording allowed. Browse your state’s laws for more detailed information before you attempt to record a police officer on duty.
Can I Get In Trouble for Recording a Police Officer?
If you follow your state’s laws and federal laws, making sure to film respectfully, diligently, and in a safe manner, it is unlikely you will get in trouble for recording a police officer. However, unique situations do happen, and it’s important to be aware of your rights so that you can avoid falling into trouble or acting in a way that will put you under legal scrutiny.
How Do I Look up Criminal Record Information?
If you’re wondering about criminal records, you are often able to look up these records online and access them as a member of the public. To research criminal record information, we recommend using an online criminal records search tool to easily pull up a report using only a person’s name and location.
Safely Documenting Police Activity
When it comes to recording the police, many individuals know that this can be a risky activity. However, if you take the time to understand your rights and recording limitations, you can safely engage in this activity without falling into legal trouble yourself. Review our article for tips and make sure to double-check with your state’s rules regarding recording police officers for all of the detailed information you need to safely document police activity.
