A recent cell phone video has surfaced showing a police officer in South Carolina gunning
down an unarmed man, and allegedly planting evidence.
But without this footage, we might never know what really happened - because the cop’s
version of the event was much different.
Clearly, filming the police has become a crucial tool in resolving disputed interactions.
But most people don’t know their rights regarding the photography, or the filming
of police.
So is it legal to record them?
Well, in all 50 states, it is perfectly legal to videotape police.
The Department of Justice, along with several US Courts of Appeals, has upheld that the
First Amendment protects the right of citizens to gather information about public officials
on public property..
BUT, there’s some fine print.
Ask yourself these questions before you pull out your camera.
Are you in a public place?
If you are - great.
It’s legal.
But if you’re on private property, the property owner sets the rules.
If they ask you to stop filming and if you don’t comply, they can have you arrested
for trespassing.
Do the police know you’re filming them?
If they don’t, it COULD be ILLEGAL.
In eleven states, including California, Washington and Massachusetts, both parties - the recorder
and the record-ED - must at least be aware that their voice is on tape, as a part of
the “two party consent” law.
Legal experts advise those filming to hold their cameras out in front of them.
Lastly - are you interfering with police duties by recording them?
This is one of the hazier areas of our current law, because - what exactly constitutes “interfering
with police duties”?
Whether you’re breaking the law or not, is currently up for interpretation by the
police.
But, because more and more bystanders are filming videos of police action lately, legal
experts expect this issue to be in the hands of the Supreme Court “within the next five
years”.
Unfortunately, police officers sometimes don’t know about, or choose to ignore a person’s
right to film them.
And, we should make it clear, that in the heat of the moment, challenging a police officer’s
authority is not always the smartest idea.
However, exercising your first amendment right to film the police is important for the transparency
and trustworthiness of a community.
In the case of Walter Scott, the video helped exonerate him, and bring charges against his
killer.
It’s important to know your rights, and the legality of recording the police, because
in the end, it can mean the difference between guilt and innocence.
Want to know more about the American police force that protects you?
Check out our video exploring the use and necessity of police body-cameras.
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