August 14, 2024
Are You Allowed to Record Police in California?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
While there is no definitive yes or no that applies to all situations, in this article we explain whether if are you allowed to record police and how the law relates to police recording in various circumstances. For example, recording a video and recording a phone call are governed by different rules and regulations.
At Pointer& Buelna, LLP, Lawyer for the People, we want everyone to be as educated as possible about their rights and how to best hold police accountable. As California Police Brutality Lawyers, we are deeply passionate about protecting people from abuse of power by law enforcement.
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Your First Amendment Right to Record Police
The First Amendment to the United States Constitution grants citizens the right to freedom of speech and expression. This includes the right to openly record events that are of public interest, such as interactions with law enforcement officers. Nothing is more transparent than video footage of an incident of police brutality—these videos made a huge impact in the Rodney King and George Floyd cases.
When Recording Police is Permissible
In most cases, recording a video of the police when they are in public places in the line of duty is protected by the First Amendment. As long as you are not interfering with law enforcement activities or violating other laws, you have the right to record police interactions. This right extends to both video recording and audio recording. California law also permits recording a traffic stop from inside your vehicle, even if it is not necessarily happening “in public.”
When Recording Police Becomes Criminal
California has strict laws regarding eavesdropping and wiretapping. You can not secretly video record or audio record cops. Your camera needs to be out in the open, not hidden. It is illegal to record private conversations and phone calls without the consent of all parties involved. So, for example, if you are recording a conversation with a police officer that involves private, non-public information, you may be breaking the law.
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Potential Legal Risks and Limitations
Although you have the right to record police interactions, if you do it in a way that irritates the cop, you can fully expect to be arrested. The arrest won’t likely stick as you are well within your rights, but irritating the bull is going to get you the horns. If you are taking a video from a safe distance and it is not clear that you are recording, law enforcement may perceive your actions as a threat. Stay calm and clearly state that you are exercising your First Amendment right to record. Also, be aware that certain areas may have restrictions on photography or videography, such as courthouses or military installations.
How to Handle Police Retaliation
If you find yourself facing police retaliation for recording them in the line of duty, do what they ask of you, stay silent, and contact Pointer & Buelna, LLP as soon as you can. Know that false arrest and police retaliation are grounds for a lawsuit, so comply and try your best to remember and record all the details.
Contact a California Police Brutality Lawyer for Legal Advice
If you legally recorded police while on the job in public, our effective California police misconduct lawyers can help you fight this fight! Contact us now to schedule a free case review and legal consultation.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
