Are You Allowed to Record the Police?
Recording the police is a topic of ongoing debate, with some arguing that it’s a right protected by the First Amendment, while others claim that it’s illegal and a violation of privacy. As a member of the public, it’s essential to understand the laws surrounding recording the police to ensure you’re within your rights. In this article, we’ll provide a clear and concise overview of the legal landscape.
What’s the Law on Recording the Police?
In the United States, the answer to this question varies from state to state. Some states have enacted laws explicitly permitting the recording of police activities, while others have restrictions or unclear laws.
- State-by-State Laws: According to the First Amendment Foundation, as of 2022, 30 states have enacted laws or court decisions allowing citizens to record police officers in public places.
- Example States:
- California: Under California Penal Code § 630.4, recording the police in public is generally legal, as long as you’re not interfering with their activities.
- New York: In People v. Marron (2006), the New York Court of Appeals ruled that citizens have a right to record police officers performing their duties in public.
On the other hand, 10 states have laws that prohibit or restrict recording the police, while 10 states have unclear or ambiguous laws.
- Example States:
- Maryland: Under Maryland Criminal Law Code § 3-713, recording the police can be illegal if it’s done "for the purpose of obtaining an unauthorized image or sound recording."
- Ohio: Ohio Revised Code § 2921.24 makes it illegal to record someone without their consent, including police officers, unless you have their permission or it’s part of your official duties.
What are the Constitutional Implications?
Recording the police can also be viewed through a constitutional lens. The First Amendment guarantees the right to free speech and the press, which includes the ability to gather and disseminate information. In Goesaert v. Cleary (1948), the Supreme Court ruled that the First Amendment protects the right to gather news, including taking photographs and notes.
In 2019, the U.S. Court of Appeals for the Second Circuit issued a ruling in Johnston v. New York (2019) that supported the constitutionality of recording the police. The court held that recording the police in public is protected by the First Amendment, as long as it’s not interfering with their duties or violating anyone’s privacy.
Practical Tips for Recording the Police
If you do decide to record the police, here are some practical tips to keep in mind:
- Ask for permission: If you’re unsure if recording is allowed, politely ask the officer if you can record the interaction. This can help prevent misunderstandings.
- Respect privacy: Be mindful of individuals who may not want to be recorded, such as victims or witnesses. Ensure you’re not recording sensitive information or confidential conversations.
- Stay safe: Avoid interfering with the police’s activities or putting yourself in harm’s way. Recording from a safe distance and staying alert can help ensure your safety.
- Be prepared to justify your actions: If the police question or detain you, be prepared to explain your right to record and why you’re doing so.
Conclusion
Recording the police is a complex issue with varying laws and constitutional implications across the United States. While some states explicitly permit recording, others have restrictions or unclear laws. By understanding the legal landscape and practicing caution, you can ensure you’re within your rights while still contributing to a more transparent and accountable system.
Remember: The next time you’re tempted to record the police, take a deep breath, ask for permission (if needed), and be respectful. By doing so, you can help create a safer and more informed society for everyone involved.
