Am I Allowed to Record Police?
Recording the police is a vital tool for ensuring accountability, transparency, and justice in our society. With the proliferation of smartphones and portable recording devices, it is now easier than ever for individuals to capture evidence of police interactions. However, the question remains: Are you allowed to record the police?
The Answer in a Nutshell
Generally, yes, you are allowed to record the police. In the United States, the First Amendment protection of free speech and press ensures that individuals have the right to record police activity, as long as the recording is not interfering with the police’s ability to do their job. The key is to ensure that the recording is not creating a disturbance or posing a risk to public safety.
Federal Law
While there is no federal law specifically addressing the recording of police activity, the United States Supreme Court has interpreted the First Amendment to mean that individuals have a constitutionally protected right to observe and record police activity, as long as it does not interfere with the execution of their duties.
- The Supreme Court Decision: In the case of Ginzburg v. United States (1966), the court held that the First Amendment protects the right to take and disseminate news about the activities of government agents, including law enforcement.
State Laws
Individual state laws may vary in their approach to recording the police. Some states, such as California, Michigan, and New York, have enacted laws that explicitly protect the right to record police activity. Other states may have laws that only permit recording with the officer’s consent.
- California: California’sWiretapping Law (Civ. Code § 631) specifically permits audio recordings of police activity for purposes of reporting the news or documenting a public trial.
- Michigan: Michigan’s Open Meetings Act (MCL 15.261) and Government Records Act (MCL 15.244) require that public meetings be open to the public, including the recording of such meetings.
- New York: New York State’s Freedom of Information Law (NY FOIL, N.Y. Pub. Off. Law §87) permits the recording of police activity for purposes of reporting the news or for official use.
Other Important Considerations
Even in states where recording police activity is permitted, there are certain circumstances that may limit or restrict your right to record. These may include:
- Plain View Doctrine: If your recording is done in public and does not interfere with the police’s ability to do their job, then you are likely within your legal rights to record the police.
- Restrictions on Audio Recording: Some states may have stricter laws regarding audio recording of police activity, such as requiring a permit or warrant.
- Obstructing Police Work: Recording police activity must not pose a risk to public safety or interfere with the officer’s ability to do their job.
Table: State-by-State Recording Law Summary
State | Law | Permitted Recordings |
---|---|---|
California | Civ. Code § 631 | For purposes of reporting the news or documenting a public trial |
Michigan | Open Meetings Act (MCL 15.261) & Government Records Act (MCL 15.244) | For purposes of reporting the news or documenting official use |
New York | NY FOIL, N.Y. Pub. Off. Law §87 | For purposes of reporting the news or documenting official use |
Georgia | O.C.G.A. § 16-11-64 | Subject to certain restrictions |
Best Practices for Recording the Police
When recording police activity, it is essential to follow best practices to ensure that your recording is deemed legal and useful for both yourself and the justice system.
- Obey Local Laws: Familiarize yourself with local recording laws and regulations.
- Be Respectful: Ensure that your recording is not creating a disturbance or posing a risk to public safety.
- Use a Clear and Unobstructed View: Record in a clear and unobstructed view, minimizing obstacles or distractions.
- Use a Good Recording Device: Use a reliable and high-quality recording device to ensure that your audio and video are clear and intelligible.
- Document the Incident: Make notes about the incident, including the date, time, location, and parties involved.
Conclusion
Recording the police is an essential tool for ensuring accountability, transparency, and justice in our society. While there are some limitations and restrictions to be aware of, it is generally legal to record police activity in the United States. By understanding state laws, following best practices, and respecting the rules of engagement, you can contribute to a more open and transparent criminal justice system.