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Generally, most courts, which have ruled on videotaping, audiotaping or taking pictures of the law enforcement while conducting their public duties, held that the First Amendment to the United States Constitution protects the People’s Right to record officers. However, recording is not allowed if it is interfering with the officer’s job performance, or otherwise breaks any other law.
The courts' primary rationale is that the First Amendment Rights include the right to freely discuss our governmental activities, freedom of the press and public access to information.
If you’ve been charged with any crime due to recording the law enforcement officers, while conducting their duties, please click HERE and know your Rights and Responsibilities, right away.
Chosen Lawyers® truly believe in “Equality under Law” and are ready to defend your rights against anybody. That is because no one is above the law, including the law enforcement officers.
Remember your Case Evaluation is CONFIDENTIAL and FREE. When it comes to legal matters, knowing your rights and duties, Matters!®
Given the prevalence of smart phones and other recording devices, many ordinary people now are doing an extraordinary job of news gathering and instant broadcasting. The courts have found that freedom of the press applies to citizen journalists as well as members of the press.
The courts also argue that law enforcement officers are commissioned to serve and protect the public. Thus an officer must endure some level of observation and challenges from the very people, whose tax dollar pays their salaries.
Please note: Uniformed Officers may legitimately order citizens to cease recording if it is interfering with or obstructing their law enforcement duties.
Obstructing an officer’s duties, while rendering his or her services is a crime onto itself. For instance, if you are standing on the way of an officer, who is attempting to make an arrest, and your recording clearly provokes the suspect or a bystander to become hostile or violent toward the police officer, you may be charged and convicted with the crime of obstruction.
Moreover, in some jurisdictions wiretapping, electronic surveillance, and eavesdropping laws might also prohibit you from recording the law enforcement agents, without their knowledge. Of course, prosecution and conviction for such crimes will depend on the facts and circumstance of each case. If you do decide to record the police, while performing their duties, you should always use your recording device in an open and obvious way; rather than surreptitiously.
Please also note: The information presented here is a brief general description of a very complicated and fact sensitive subject matter. This is not intended to be legal advice nor to establish any type of Client-Attorney relationship.
If you’ve been charged with any crime due to recording the law enforcement officers, while conducting their duties, please click HERE and know your Rights and Responsibilities, right away.
Chosen Lawyers® truly believe in “Equality under Law” and are ready to defend your rights against anybody. That is because no one is above the law, including the law enforcement officers.
Remember your Case Evaluation is CONFIDENTIAL and FREE. When it comes to legal matters, knowing your rights and duties, Matters!®
