Legal Questions? / Legal Answers!
Can I Record The Police?
"This issue has been debated quite a lot in
2016. I've been asked by many of my friends
just what the laws were pertaining to Recording
The Police. I explained that I believe we
are all set as the First Amendment protected
our right to do so. I was asked if I was
sure about this and decided to make sure.
Below are the Laws listed from the U.S. Court
Of Appeals which proves the First amendment
protects our right to record the police.
- Video Or Audio Taping Police Officers
A number of U.S. Courts of Appeals have held
that, in such circumstances, the First Amendment
protects the right to record audio and video
regardless of whether the police/officials
consent. This constitutional right would
override any state or federal laws that would
otherwise prohibit such recording.
Currently, the following U.S. Courts of Appeals
have recognized the First Amendment right
to record the police and/or other public
officials:
First Circuit (with jurisdiction over Maine,
Massachusetts, New Hampshire, Puerto Rico,
and Rhode Island): see Glik v. Cunniffe,
655 F.3d 78, 85 (1st Cir. 2011) ("[A]
citizen's right to film government officials,
including law enforcement officers, in the discharge of their duties in a public
space is a basic, vital, and well-established liberty
safeguarded by the First Amendment.");
Iacobucci v. Boulter, 193 F.3d 14 (1st Cir.
1999) (police lacked authority to prohibit
citizen from recording commissioners in town
hall "because [the citizen's] activities
were peaceful, not performed in derogation
of any law, and done in the exercise of his
First Amendment rights[.]").
If you own a dash cam this is good news because
it protects you as well as the Police. Remember
though, most of the inexpensive dash cams
do not offer audio recording. Shop accordingly.
However, if you intend to use your cell phone
to record the police I'd like to remind you
how easy it is to request your phone based
on believing you were texting while driving.
(See Cell Phones)
My Final Thought...
"I believe this right to record protects all
involved. Nowadays everything that is questioned
can usually be answered through video tape.
I must also add that this First Amendment
right also allows the Police and State to
video you. Of course that proof is very evident
on Police Dash Cams as well as most intersections
we now drive through. After 911 we went full
force with cameras being installed almost
everywhere. Although both sides are protected
by the First Amendment, it seems our privacy
sometimes has to be given up... to protect
our rights."
Lovely Counter