Is it illegal to film police in Missouri?
As the country continues to grapple with issues of police brutality, accountability, and transparency, the question of whether it is legal to film police in Missouri has become a pressing concern. The state of Missouri has been the site of numerous high-profile incidents involving police use of force, and many residents have turned to recording video as a way to document and hold officers accountable.
The Short Answer
No, it is not illegal to film police in Missouri. In fact, the state has laws that explicitly protect the right of individuals to record police activity. Missouri Revised Statutes Section 610.022 states that "[n]o person may be prohibited from recording a law enforcement officer or public official while the officer is performing official duties, nor may any person be intimidated, threatened, or detained by a law enforcement officer or public official solely because the person is recording."
The Long Answer
Despite the clear language of the statute, there have been instances where individuals have been arrested or detained for filming police in Missouri. This has led to a cloud of uncertainty surrounding the issue, with some officers claiming that filming police is illegal or that it constitutes interference with official duties.
To clarify the issue, let’s break down the key points:
**Types of Recording
- Public Places: In public places, such as streets, parks, and other public areas, recording police activity is generally considered to be legal. As long as you are not obstructing traffic or otherwise interfering with the police, you have the right to record.
- Private Property: On private property, the situation is different. If you are on private property and recording police activity, you may need permission from the property owner or manager. If you do not have permission and are recording without it, you may be considered trespassing and could be arrested.
**Reasons for Recording
- Observation: Recording police activity for observation purposes is legal and protected under the First Amendment.
- Journalism: Recording police activity for journalistic purposes, such as reporting on a news story, is also legal and protected under the First Amendment.
- Accountability: Recording police activity for the purpose of holding them accountable for their actions is also legal and protected under the First Amendment.
**When Recording is Considered Illegal
- Obstruction of Traffic: If your recording is interfering with traffic or otherwise creating a hazard, you could be arrested for obstructing traffic.
- Obstruction of Official Duties: If your recording is interfering with the ability of police to perform their duties, you could be arrested for obstructing official duties.
- Intimidation or Threats: If your recording is considered to be intimidating or threatening to the police or others, you could be arrested for harassment or other offenses.
**Important Court Rulings
- **State v. Bryant (2012): In this case, the Missouri Supreme Court ruled that recording police activity in public places is protected under the First Amendment.
- **State v. Satterlee (2014): In this case, the Missouri Court of Appeals ruled that recording police activity in a public park was legal and did not constitute obstruction of official duties.
**What You Can Do
- **Know Your Rights: Educate yourself on the laws and regulations surrounding recording police activity in Missouri.
- **Carry a Camera: Consider carrying a camera or smartphone to record police activity when it occurs.
- **Be Respectful: Be respectful of police and their duties, and avoid creating a disturbance or interfering with their work.
- **Seek Legal Advice: If you are arrested or detained for filming police, seek legal advice and assert your rights.
Table: Missouri Laws and Regulations
| Law/Regulation | Description |
|---|---|
| Missouri Revised Statutes Section 610.022 | Protects the right to record police activity in public places |
| Missouri Revised Statutes Section 556.066 | Prohibits interference with official duties |
| Missouri Revised Statutes Section 565.085 | Prohibits intimidation or threats to police |
Conclusion
In conclusion, filming police in Missouri is not illegal, as long as you are not obstructing traffic or interfering with official duties. The state has laws that protect the right to record police activity, and court rulings have upheld these rights. By knowing your rights, carrying a camera, being respectful, and seeking legal advice if necessary, you can exercise your constitutional right to record police activity in Missouri.
