Can You Film Police at A Protest? Your Rights Under California Law

You may have witnessed wrongful police conduct that you want to bring to light by taking a recording. If the police have wrongfully arrested you because of it, or they have otherwise violated your rights in retaliation for you engaging in protected conduct, a police misconduct attorney at The Skapik Law Group can help.

While you do have a First Amendment right to record police at a protest, it is not unlimited. There are instances in which your conduct can be criminal in nature. However, what police do is also subject to the law, and they can be held accountable if they have violated your rights.

Schedule a free initial consultation with an Orange County police misconduct lawyer at The Skapik Law Group.  Our police misconduct attorneys will not hesitate when it comes to fighting for your legal rights.

You Can Film Police, But There Are Limits

Many examples of wrongful police Behavior are brought to light through the efforts of bystanders who record them. It is your First Amendment right under the Constitution to film police. This right remains even when there is a protest or a state of emergency. However, there are some restrictions on this right of which you need to be aware.

Like any other matter that involves police activity, the law tries to take a balancing approach to protecting your individual rights, while also allowing law enforcement to do their job. Bear in mind, although you may have First Amendment rights, they can be limited, or they may not be applicable in every circumstance.

There are two general restrictions on your right to film a police officer:

• You cannot do anything that would interfere with the officer’s ability to perform their own duties
• The camera must be visible, meaning that you cannot surreptitiously record the officer

Moreover, the police cannot demand on the spot to view the footage that you have recorded. They cannot do so without a search warrant. Further, a police officer cannot arrest you solely on the basis that you have recorded them, as doing so is a violation of your First Amendment rights.

What to Keep in Mind When Recording Police

If you are recording an officer at a protest, make sure to observe the following:

• Record the officer from a distance, and do not try to get too close
• Make sure that your camera is visible at all times
• Do not attempt to engage with the officer while you are recording
• Know your rights, especially if a police officer tries to stop you from recording or demands to see the footage that you have shot
• Do not hesitate to assert your rights if you are questioned, but do it in a respectful and calm manner so as not to incite the officer

If you have been arrested because you were recording police, there is a wide range of potential outcomes. You could face a penalty if you are convicted of a crime. However, you may also sue the police for a wrongful arrest if you were exercising your First Amendment rights within the bounds of the law. You can take action against the police for retaliating against you for recording them. You may be entitled to damages from the police department if you can prove that they acted wrongfully.

Contact an Orange County Police Misconduct Law Firm

If you have been wrongfully arrested at a protest, or the police have taken action against you because you have attempted to record them, contact a police misconduct lawyer at The Skapik Law Group today. You can speak with a police misconduct attorney during a free initial consultation, which you can schedule by visiting our website or by calling us today at (909) 398-4404.