Reversing Big Brother: Videotaping and Recording On-Duty Police Officers
Cameras are everywhere – on lampposts, perched atop traffic lights, and in other obscure areas you might not be aware of. On the way to your local grocery store one day, you spot a camera with a blue flashing light. It is attached to a beautifully adorned street sign and you decide enough is enough. You are tired of police officers and highway patrol recording your every move, so you decide that it is your turn to record local police officers when they are not on duty. Your frustration is certainly understandable, but before you fire up your video equipment and plunk down money for batteries, attachments, and any other accessories you might need to accomplish this feat, you must check your local laws regarding in-car recording devices.
Most states have enacted measures to deter racial profiling. Some of these measures make it legal to install in-car recording devices. Many of these devices are only activated when the patrol unit’s overhead lights activate. Some law enforcement agencies are more proactive and continuously record officers while on duty. Under either measure, you may submit an open records request to obtain or view a copy of the in-car recording device during set hours or if a certain event were to occur.
If you would like to use a handheld recording device such as a portable video camera or cell phone instead of installing a recording device in your vehicle, double check your state laws regarding audio recordings. Depending on your state’s rules regarding the recording of conversations, you may be limited to a video recording. However, in states such as Texas, an individual may record a conversation with another party as long as one side consents. It is perfectly legal for the consenting and recording individual to be the same person. Regardless of whether you would like to produce a visual or audio recording, the most important thing to remember is to avoid interfering with the duties of a police officer at all cost. This means, you should always record from a safe distance. Thanks to the self-recording polices of most law enforcement agencies, recording an officer’s actions is not a new concept.—However, their recording devices are designed to assist, and not interfere, with their function. If you decide to get a “closer look” at the even you are recording, you could inadvertently prevent the officer from completing his arrest or pursuit. If you interfere with the duties of a law enforcement official, you may be charged with interference of public duties or hindering apprehension of a criminal.
Free speech is generally protected, but it's a good practice to keep the heckling to a minimum if the officer is interviewing persons involved in an event. The bottom line is when your actions prevent an officer from doing his job, you subject yourself to criminal liability. If you are involved in an arrest resulting from interference with an officer’s duties, contact an attorney as soon as possible, preferably before you speak to any other parties involved.
