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Legality of Recording a Police Officer in California

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  • 02-02-2012, 10:37 PM
    Andy292
    Legality of Recording a Police Officer in California
    My question involves police conduct in the State of: California

    I wasn't too sure where to make this thread, sorry

    First of all, I'm not one of those annoying people who purposely record police just to get into an argument and post it on YouTube. Im wondering the legality of recording a police officer whether face to face or them doing something else with another person (traffic stop, etc.)

    I cant find the penal code or any "official" information. Can you help? Thanks

    I live in Los Angeles incase that changes anything.
  • 02-02-2012, 11:42 PM
    cdwjava
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting Andy292
    View Post
    First of all, I'm not one of those annoying people who purposely record police just to get into an argument and post it on YouTube. Im wondering the legality of recording a police officer whether face to face or them doing something else with another person (traffic stop, etc.)

    I cant find the penal code or any "official" information. Can you help? Thanks

    I live in Los Angeles incase that changes anything.

    There is no law that prohibits you from recording a peace officer as he or she engages in the performance of their duties and no expectation of privacy exists. What you can NOT do is obstruct, delay, or prevent them from doing their duty. If you step into a crime scene or in some way hinder them from doing their duty, THEN you can be charged with one or more criminal offenses.
  • 02-02-2012, 11:59 PM
    Andy292
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting cdwjava
    View Post
    There is no law that prohibits you from recording a peace officer as he or she engages in the performance of their duties and no expectation of privacy exists. What you can NOT do is obstruct, delay, or prevent them from doing their duty. If you step into a crime scene or in some way hinder them from doing their duty, THEN you can be charged with one or more criminal offenses.

    Thanks, do wiretapping laws come into effect here?
  • 02-03-2012, 12:00 AM
    cdwjava
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting Andy292
    View Post
    Thanks, do wiretapping laws come into effect here?

    Not directly, no. Unless you are leaving a recording device behind or eavesdropping in some way, taping or recording the police contact will generally be lawful.
  • 02-03-2012, 07:49 AM
    PTPD22
    Re: Legality of Recording a Police Officer in California
    There are still some states where "surreptitiously" recording (meaning the other person is not aware that a recording is being made) anyone ,even a police officer, is illegal. These laws are steadily being overturned in court as they apply to recording a police officer in a public place. But, they still are on the books in some places. However, as this post asked specifically about California, this comment is totally irrelevant. lol.

    However, to expand a little on what cdwjava said, whether a person is obstructing, hindering, or delaying the officer is up to the perception of the OFFICER, not the person recording. Cops may well have safety concerns that are not immediately obvious to the amateur cameraman. It is not a good idea to argue or refuse because you disagree with the officer's perception. Generally, a cop cannot legally tell you to stop recording. However, the cop will be well within his/her rights to dictate where you can stand (don't move behind me, stand where I can see your hands, don't go near the car door, etc.) and how close you can get. Even demanding that you stay 30+ yards away could well be reasonable (presuming the person recording is not the same person who the officer is dealing with). If you ARE the person the cop is dealing with, the cop will be well within reason to tell you to put the cellphone/camera down if it is interfering with your ability to timely provide your license, registration, etc. Generally speaking, while it is legal for you to play cameraman, it is also legal for the cop to play director.
  • 02-09-2012, 10:58 AM
    NCC 1701
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting PTPD22
    View Post
    However, to expand a little on what cdwjava said, whether a person is obstructing, hindering, or delaying the officer is up to the perception of the OFFICER, not the person recording. Cops may well have safety concerns that are not immediately obvious to the amateur cameraman. It is not a good idea to argue or refuse because you disagree with the officer's perception. Generally, a cop cannot legally tell you to stop recording. However, the cop will be well within his/her rights to dictate where you can stand (don't move behind me, stand where I can see your hands, don't go near the car door, etc.) and how close you can get. Even demanding that you stay 30+ yards away could well be reasonable (presuming the person recording is not the same person who the officer is dealing with). If you ARE the person the cop is dealing with, the cop will be well within reason to tell you to put the cellphone/camera down if it is interfering with your ability to timely provide your license, registration, etc. Generally speaking, while it is legal for you to play cameraman, it is also legal for the cop to play director.


    I understand and agree with all that, yet I've seen numerous accounts (videos) of police ordering people videotaping them, well away, to stop.....also there was a fairly recent case in Boston(?) I think in which a citizen happen to videotape the police beating of an unarmed homeless man who wasn't resisting, the police upon realizing they were being videotaped from across the street, crossed the street and acousted the citizen, beat him, damaged the camera, and then arrested him.....so while what you say may be the law, it sure doesn't seem like its being followed
  • 02-09-2012, 11:14 AM
    Michael44
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting NCC 1701
    View Post
    I understand and agree with all that, yet I've seen numerous accounts (videos) of police ordering people videotaping them, well away, to stop.....also there was a fairly recent case in Boston(?) I think in which a citizen happen to videotape the police beating of an unarmed homeless man who wasn't resisting, the police upon realizing they were being videotaped from across the street, crossed the street and acousted the citizen, beat him, damaged the camera, and then arrested him.....so while what you say may be the law, it sure doesn't seem like its being followed

    Some police officers are in law enforcement for the right reasons, and some are in it for the wrong reasons (for instance it is fun to bully people when you have all the power on your side).

    That's the way it has always been. I assume the latter types don't want to be filmed, so they are going to find something to pin on you.

    Some charges HAVE been brought under wiretapping statutes in that specific situation, but as far as I know none of them has made it through to a conviction (anybody more up to date on that?).
  • 02-09-2012, 12:49 PM
    jk
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting NCC 1701
    View Post
    I understand and agree with all that, yet I've seen numerous accounts (videos) of police ordering people videotaping them, well away, to stop.....also there was a fairly recent case in Boston(?) I think in which a citizen happen to videotape the police beating of an unarmed homeless man who wasn't resisting, the police upon realizing they were being videotaped from across the street, crossed the street and acousted the citizen, beat him, damaged the camera, and then arrested him.....so while what you say may be the law, it sure doesn't seem like its being followed

    because the cops act in one way or another does not affect the legality of the actions (filming).
  • 02-10-2012, 07:47 AM
    PTPD22
    Re: Legality of Recording a Police Officer in California
    Quote:

    Quoting jk
    View Post
    because the cops act in one way or another does not affect the legality of the actions (filming).

    This is absolutely true. And, yes, there have been incidents of cops who were out of line, discovering their actions were being recorded, and transferred their bad behavior toward the cameraperson in an attempt to conceal the original bad behavior. And, there have also been incidents of cops acting entirely appropriately, discovered they were being recorded, and behaved badly toward the cameraperson because...There have been incidents of cops acting entirely appropriately, discovered they were being recorded, and were put through hell in the media and politically expedient IA investigations because the video only showed part of the story (even intentionally edited to make the cops look bad) and was intentionally misconstrued or misrepresented. Contrary to popular belief, the video does NOT always speak for itself and tell the whole story. Defense attorneys have been fighting (successfully) to put the state's video evidence (dash-cam, surveillance, etc) into context. Unfortunately, video of police activity are frequently intentionally portrayed OUT of context by people (even mainstream media sources) with an anti-cop bias or axe to grind. The video-ers also want sensational video and will intentionally inflame bystanders to get it. There have even been incidents of people purposely distracting cops with the camera to allow a compadre attempt escape or to assault a cop. So, yes, citizens videoing cops might just be a hot-topic with many cops.

    So, yes, it is absolutely true that the cop's likes/dislikes, opinions, etc. does nothing to change the legality of the act of recording itself. However, HOW a person goes about recording, and other actions of the cameraperson (inflammatory speech, threats, etc.), could still get that person in trouble. And, don't forget, the recording that the amateur cameraperson is making can be evidence (either evidence of the crime the cops are dealing with or evidence of the cop's criminal misbehavior) and subject to seizure. Cops are learning how to deal with video being used against them (appropriately and legally) just like defense attorneys have.
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