Can I Secretly Record the Police?
According to the laws of California, one’s conversation is protected from interception by other private citizens. It does not matter if you are talking to someone on the phone, in someone’s living room, or even at a restaurant; that person cannot record the conversation legally without your permission. This protection is provided in California Penal Code Section 632. Breaking the law can result in criminal charges against the person who recorded or taped you without your consent. Moreover, according to the California Penal Code 637. 2, you may also be able to seek compensatory damages in a legal case.
Regarding recording police officers, the rules are clear. Police officers can be taped if they are in uniform, on duty and engaged in official business. It is illegal to record an officer while the officer is not on duty. Even in a police uniform, you cannot record an officer at a restaurant eating or going through any other personal moments without their permission.
It also deserves mentioning that you cannot attack the police officers while they are acting under their capacity. In the California Penal Code section 148(a)(1), it is a misdemeanor to hinder or delay an officer performing his/her duties legally. Even if an officer feels that your act of videotaping is interfering with the performance of his duties, he can arrest you.
Why Do People Record The Police?
Citizens often record police officers for different reasons, sometimes self-serving and sometimes legitimate. Some could think an officer has harassed them while driving or the officer has falsely accused them; perhaps racially motivated. Citizen Journalists usually post public concerns to show the public perceived legal inadequacies or infringement of other people’s rights by the police force, including the use of force where unnecessary.
Know When Recording Turns into Intrusion
It is legal to film police officers; however, some terms and conditions must be followed to be protected from the Penal Code Section 148 charge of interfering.
- Have the objective to defuse any tension when filming. Disapprove any observed/assumed misconduct without using obscene language.
- Record without provoking the officers to anger, but keep on writing.
- If you have any relevant information to give them, just say, “I’d like to share some information that may assist your investigations,” For instance, if the suspect faced a race card prejudice, bravely tell the officer, ‘I observed it all happen.
Knowing your Basic Rights when filming law enforcement in California
People in California have a right to record officers in the line of duty, though they cannot hinder police activities.
- When filming, make sure it does not interfere with the officer’s work in any way.
- Make the officer aware that you are taking videos and that it is perfectly lawful.
- Exercise First Amendment Rights
- When an officer wants to search you, a car or a house, and no crime has been committed, ask if you are under arrest. Police officers can only ask for your identity they cannot demand it unless they suspect you are involved in a certain criminal offense. Maybe handing an ID might somehow bring the two of them down a notch.
- Do not disobey the police; they are always right, ensure you are composed. In the event of an order to maintain a secure distance, do so without an objection.
Filming Conduct
- Refrain from provoking the officers using words to anger them, for instance, through abusive language. The footage may be utilized as procedural evidence, and if there is any immoral act, it can jeopardize the case.
- In the event that you are told to cease recording, tell them that it is a constitutional right under the First Amendment.
- Never hold a camera or a smartphone in a manner that is likely to be considered a weapon. It is advisable not to give any reason to the officers to consider you a threat or a risk.
If one is arrested for recording a police officer, then it is recommended that one remain composed and refrain from struggling. You simply have to reaffirm your right not to talk to them calmly and your First Amendment right to speak freely. According to California Penal Code Section 148a, one could face more charges if one attempts to resist. This means respecting the officer and not performing anything that will be viewed as resisting arrest. If you were arrested and held for a crime you did not commit, you would have a basis for a civil rights lawsuit for wrongful imprisonment.
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