Pulling out your phone to video record is common when we see something happening. This often occurs when we see a conflict or a situation that may escalate. It is easy to do since most people carry a video recording device in their pocket most of the time. We have all been witness to viral videos involving police officers overstepping their authority. It can be shocking and unsettling to view this behavior. One of the most common questions we hear is, “Is it legal to record police officers in California?”
Yes, in California, you are permitted to record police officers while they perform their job. However, there are certain rules you must follow to avoid getting in trouble with the law.
Keep these issues in mind when filming police officers:
1. Under California Law, citizens are permitted to videotape police officers while they are performing their duties as long as it does not interfere with their job.
2. If you are filming, hold the camera in a way so they know it is clearly a recording device and not a weapon.
3. If you are using your phone to record an incident, your phone should be password protected in order to prevent the police or someone else from accessing the video and deleting evidence.
4. Know that there is a high chance that you will be arrested if you are videotaping police officers. If this does happen, remain calm and comply with all commands.
If you are arrested for recording the police, you may be able to file a lawsuit. Dependent on the facts in your case, you may be able to claim that your First Amendment right to record and your Fourth Amendment right against unlawful arrest were violated. This article does not serve as legal advice. You should contact an experienced police misconduct attorney to provide further guidance for your situation.
Greg Peacock Law specializes in police misconduct cases and provides free case consultations.
Contact Us today to discuss your case and possible lawsuit.