Introduction
The right to film a police officer during an interaction is defined differently, depending on where you live. As of now, it is legal to film police officers during an interaction if the person filming has a reasonable expectation that the encounter will be recorded and if they are not interfering with law enforcement duties. This article outlines how this notice should be given to police officers and what rights you have during a traffic stop. American citizens have a right to record their interactions with law enforcement, as long as they are within their legal purview.
Use Of Dashcams In The United States
In most of the United States, it is legal to film police officers at traffic stops. The law protects your right to film, as long as you are not interfering with the arresting officer’s duties. This means they can’t make an arrest or try to chase you away while you’re filming. If they ask you to stop filming, it is perfectly legal for you to decline, but your refusal should not be hostile.
However, in certain cities like Michigan and New York City, the police can order you to stop recording a traffic stop. If they try to confiscate your camera or phone, you do not have to give it to them without a warrant. You must let the police know that you are recording if they haven’t already noticed the camera.
Different Laws in Various States of the USA
In the United States, it is illegal to record without consent in these states:
1) California(California Penal Code 632)
2) Florida (Fla. Stat. Ann.: 934.03)
3) Illinois (720 ILCS 5/14-2)
4) Maryland (Md Criminal Law Code 2-201(c))
5) Massachusetts (Massachusetts General Law Chapter 272, Section 99)
6) Michigan (Mich. Comp Laws 750.6d)
7) Nevada (Nev. Rev. Stat 495.016(1)(b))
8) New Jersey (N.J. Stat. Ann.:2C:24-1(a))
9) New York (N.Y. State Penal Law Article 70 Indecent Exposure and Article 240 Crimes Against Public Justice)
10) Pennsylvania (18 Pa Cons Reg: Title 18, section 493a).
States In Which It Is Legal:
1) Arkansas (Ark. Code Ann. 23-31-208)
2) Alabama (Ala. Code 20-3-20)
3) Georgia (Ga. Code Ann. 16-11-130(g))
4) Wyoming(Wyo Stat. 715.7(f))
5) West Virginia(West Virginia Code: 61-8D-2, et seq.)
6) D.C. (showing of police actions are protected by 5 U.S.C. §552a(c)(4))
7) Minnesota(Minnesota Statute 609.66)
8) Mississippi (Mississippi Code of 1972, Title 97, Sections 75-24-91 (2005))
9) Arizona(Arizona Revised Statutes 13-3005. Filming and recording law enforcement; policy; exceptions.)
10) New Mexico (New Mexico Code 30-22-2.)
Why Is It Illegal to Film Without Consent in Some States?
While filming police officers during their duties is legal in some states. However, laws vary from state to state, and there are certain situations where one should be aware of possible restrictions.
1) In some states, you may not legally record any law enforcement activity. So if the person is detained or arrested, the person cannot legally film it at that time (such as in California).
2) Some states require that one obtain consent from the law enforcement officials to film them.
3) In some states, you cannot record if you are a party to the incident (for example, in Illinois).
4) In some states, you may only be allowed to record what is going on in public, but not inside a house or any other private property.
5) You are allowed to film police officers unless there is a specific law that prohibits it.
6) In some states, you may be considered a “nuisance” if you are filming a police officer.
7) Police officers are not allowed to confiscate your camera or delete the recordings unless they have probable cause to do so.
8) In some states, it is illegal to record the police during a stop that does not relate to a specific crime (such as in New Jersey).
9) In some states, you may be detained if you film the police officers without their consent.
10) In some states, you cannot record audio unless they permit you to do so.
11) It is illegal to film in private areas such as churches or hospitals without the owner’s consent.
Things to Remember Before Filming the Police
Remember to keep these points in mind before you start filming the police officers with your dashcam:
1) You should always ask for permission to film the police.
2) It is illegal to record a police officer without their consent. If they refuse, one cannot record any more of that incident, including filming investigators, court proceedings, etc.
3) One should not show their face or other private body parts while filming a police officer unless it is in public at that time (unless they are in New York).
4) One should not film the police from a distance without any other people around and any cars nearby. Otherwise, it is illegal.
So, are we allowed to film the police officers at the traffic stops? The following section will answer this question.
Is It Legal to Film the Police at Traffic Stops?
The answer is “Yes.”
You can legally film cops at a traffic stop according to these following conditions:
1) You can make a film from a distance while they patrol.
2) You can film them from a distance when they confront a suspect.
3) One can also film their vehicle.
4) You can also film them in public areas during the traffic stop (including private property such as stores).
5) One can film them at any other time during their duties as long as it is not violating the law.
Other Considerations
- In New York, one can only film at a traffic stop if they are a party to the incident and consent. If one is not involved in the incident, it is illegal to record the police, even at a traffic stop. They will be charged with loitering or nuisance if they do so.
- In Illinois, the courts decided that since driving is a privilege and not a right, the police department can make people show their driver’s licenses at traffic stops without any suspicion of wrongdoing.
- The court ruled that the “expectation of privacy” requirement to be a legitimate factor in deciding whether a traffic stop is reasonable is met only when an officer’s actions are so outrageous that they can be said to disregard the law.
Your Rights During a Traffic Stop
1) If police officers stop you for any reason, you have the right to film the police.
2) You can ask for their name and badge number unless it is illegal to do so.
3) You have the right to remain silent, but you can use it as a bargaining chip in some situations.
4) The police cannot abuse their power as long as they are following the law in doing so.
5) If the police unlawfully detain you during a traffic stop, you have a right to be free from unlawful seizure.
6) You are not required to allow police officers to search your belongings if they do not have probable cause. They can ask for consent if they do, but it cannot be forced (unless you try to resist).
7)You have a right to question police officers for any legal reason during traffic stops.
8) If police officers are pulling you over, the police must describe specific reasons for pulling you over. If they can’t, there is no probable cause, and your rights have been violated.
9) You cannot be stopped by law enforcement officials because you act suspiciously (for example: if the police pull you over because they think you are doing something illegal, but that action is not unlawful).
10) Remember to remain polite and respectful with the police officers.
What Should You Do if Police Stops You for Filming Them?
There are certain things you can do:
1) If you are not filming the police in public, you should ask for their name and badge number.
2) If you are filming in public, you can lawfully record their conversations with you, but they may arrest you if they suspect that you have violated a different law.
3) If there is a camera or other recording devices in the area capturing the police stop, it may not be allowed anymore.
4) One should have their state or local law for the situation in mind when answering the questions to avoid violating privacy laws.
5) You can legally film the police on private property without consent if you merely take visual notes (like writing down license plate numbers). However, if you scan their license plates and store that information against individual vehicles, it is considered a violation of privacy.
6) You can legally film the police at a distance while they conduct their duties if you are not violating any laws.
7) If you were stopped from filming the police, try to put your rights into action.
How to Film the Police Legally
There are certain ways that you can film the police officers legally:
1) Film from a Distance: To film the police, they should be filming from a distance. As long as they are not obstructing the officer’s work or depriving them of their rights, they should have no problem.
2) Do Not Secretly Record: One cannot secretly record the police. People can only do so openly by recording at a distance. They should also be sure that the microphone is not on.
3) Do Not Resist: One must remain calm and respectful throughout the entire process. If someone resists, then it may lead to an unlawful arrest or false claims.
4) Communicate: One should communicate with the police officers and let them know that they were only recording them at a distance to ensure their safety. They should also ask for their names as well as badge numbers if possible.
5) One should clarify how they intend to define similar terms such as “officer,” “police,” and “law enforcement.” They may also use the recorder to record their communications with the police.
6) Use Cameras Well: One should be sure to use the camera well to avoid getting into any legal issues or facing the officer’s wrath. One can ensure that they are not recording the private residences or places where people are vulnerable. One should also make sure that they do not record images of people who have a right to privacy and do not violate their rights. If they can use a lens cap to protect their camera from scratches, then they may have a better shot of winning in court if there are disputes.
7) Do Not Use The Camera To Reveal Information: If people record the police, they should not use it to reveal private information or violate their rights. They may deny people their rights if they use the camera to do so.
8) Avoid Recording Audio: If they have an audio recorder or digital audio recorders, they should avoid recording the entire conversation. People who intend to record conversations should only record certain parts of it as it can be considered a violation.
Conclusion
There are many cases of police officers violating people’s rights during traffic stops. It is essential to know your rights when being pulled over by the police. If you do not know your rights, you may put yourself in a compromising position.
When the police violate your rights during a traffic stop, they may confiscate your footage if you are recording them. You may use it as the basis of a lawsuit against them to ensure that justice is served and prevent future violations.
When people find out their rights, they can avoid legal issues by respecting their rights and understanding how to record police officers legally.
FAQs
Q. The police pulled me over, and when I asked for their name and badge number, they said it is illegal for me to ask them. What can I do?
A: There are only a few examples where law enforcement officials may refuse to give their name or badge number. If those cases apply to you, you should first try asking if there are any exceptions to provide you with their names and numbers. If that fails, they can be forced to give those details. However, you should first try asking them if there are any exceptions and if not, then proceed with your questions.
Q. If I was filming something in public, can the police officers come up to me as long as I do not break any laws with the intent to arrest me?
A: It all depends upon how you were recording and whether or not it was interfering with their investigation. If you are recording from a distance and not interfering with the cops’ investigation, then no, you should not be arrested. However, if they do arrest you, you may be able to use it as evidence against them that the law was not followed.
Q. What happens when I am pulled over and the police officers are not in uniform?
A: If the officer is not in a uniform but can see their name or badge number, you should ask for their information. If they refuse to give it, then they violate your rights under most circumstances. You may try to access their identification if they do not wish to show it. If that fails, then you can try demanding an attorney when they ask for your information.