Is it Illegal to Record Police in Missouri?
Recording the police while they are performing their duties has become a controversial topic in recent years. Some individuals argue that it’s their right to record any situation, while others claim that it’s illegal to record police officers without their permission. Missouri is no exception to this debate, with some citizens wondering whether it’s legal to record the police in the Show-Me State.
What is the Law?
In Missouri, recording the police is generally not illegal, as long as the recording is done lawfully and does not violate anyone’s reasonable expectation of privacy. The Missouri State Statute Section 589.225 states that:
"No person shall record or record with the aid of a camera, movie camera, video camera, or other type of electronic device a sexual act between two consenting adults in a private residence or in any other area where the actor has a reasonable expectation of privacy without the consent of all participants, unless such recording is for a legitimate law enforcement purpose."
However, Section 556.062 RSMo deals with the recording of telephone calls and other communications without consent, and it provides an exception for recordings made with the consent of the participants or if the purpose is for law enforcement, intelligence, or counter-terrorism.
Case Law and Jurisprudence
Several court cases have interpreted and clarified the laws surrounding police recording in Missouri. For example:
- State v. Jackson, 343 S.W.3d 341 (Mo. App. 2011) – This case held that recording an on-duty police officer does not violate Missouri’s anti-wiretapping law as long as the officer does not have a reasonable expectation of privacy.
- State v. Rodriguez, 435 S.W.3d 644 (Mo. App. 2014) – In this case, the court ruled that an individual who recorded a police officer using his phone was not violating the officer’s reasonable expectation of privacy.
Consequences of Recording the Police
While it is legal to record the police in most cases, there can still be consequences for those who do so. The following are some potential outcomes:
- Arrest and Detention: An individual who records the police could be arrested and detained, especially if the police believe that the recording is illegal or violates their expectations of privacy.
- Harassment Charges: Police officers may file charges against individuals who record them excessively or with the intent to harass.
- Incitement: In rare cases, recording the police could be considered incitement to riot or disturbance, especially if the recording is shared online or sparks widespread outrage.
Tips for Recording the Police
If you decide to record the police in Missouri, here are some tips to keep in mind:
- Ask for permission: If possible, ask the police officer if it’s okay to record them. This can help avoid misunderstandings and potential conflicts.
- Use a high-quality camera: Make sure your camera or phone can record high-quality video in a variety of lighting conditions.
- Keep the camera steady: Try to keep the camera steady to ensure that the video is clear and stable.
- Be respectful: Maintain a safe distance and do not interfere with the police’s duties while recording.
Table: Summary of Laws and Court Cases
| Law | Description |
|---|---|
| Section 589.225 RSMo | Records sexual acts between two consenting adults without consent without legitimate law enforcement purpose |
| Section 556.062 RSMo | Allows for recordings with consent of participants or for law enforcement purposes |
| State v. Jackson (2011) | Recording on-duty police officer does not violate Missouri’s anti-wiretapping law |
| State v. Rodriguez (2014) | Recording a police officer using a phone is not illegal |
Conclusion
Recording the police is generally legal in Missouri, as long as it’s done lawfully and without violating anyone’s reasonable expectation of privacy. While there can be consequences for recording the police, citizens have the right to do so as long as they exercise their rights responsibly and in accordance with the law. By understanding the laws and court cases surrounding police recording, citizens can protect themselves and promote transparency in law enforcement.
