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September 17, 2024

Can You Record a Police Officer in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Recording police officers in California is not always a straight-forward, black and white issue. Additionally, it has garnered significant attention in recent years. The question of whether people have the right to record law enforcement officers while they are performing their duties has various legal and constitutional considerations. As Sacramento police brutality lawyers, we are passionate about this issue and want you to be fully informed and empowered. Keep reading to know when can you record a police officer. 

Clarifying Your Right to Record Police Officers

On one hand, there is a strong argument that recording police officers in public spaces is a form of protected speech under the First Amendment of the United States Constitution. Advocates for this viewpoint argue that recording police activity serves as a vital tool for holding law enforcement accountable and ensuring transparency.

However, there are also legal limitations to consider. California has a two-party consent law, which generally requires individuals to obtain consent from all parties involved before recording their conversations. This law has been cited as a potential barrier to recording police officers, as it may be interpreted to require individuals to obtain the officers’ consent before recording.

In response to this complex issue, the California legislature passed Assembly Bill 748 in 2018, which requires law enforcement agencies to release video footage of police shootings and other incidents of great public interest within a specified timeframe. This was seen as a positive step towards increasing transparency and allowing citizens to access recordings of police activity.

Interference with Officers

While individuals generally have the right to record police officers in public if they are not interfering with the officer’s duties, know the boundaries. You must maintain a safe distance as a bystander and avoid obstructing the officer. Interfering with the officer’s actions can be against the law and result in legal consequences.

Can You Record a Police Officer? When Recording Is Criminal

Recording police officers crosses the line into criminal behavior under certain circumstances. Actions such as secretly recording conversations or creating a recording with the intent to commit a crime or harm the officer’s reputation are typically considered illegal. Understand the specific laws and regulations in your jurisdiction to ensure compliance.

Best Practices for Recording Police Officers

As Sacramento police brutality lawyers, we do believe in the power of recording police officers committing obvious acts of aggression. We saw the power a video like this can have from the Rodney King beating. If you choose to record police officers, follow these best practices:

• Familiarize yourself with local laws 
• Stay calm and respectful
• Capture the context
• Preserve the evidence

How to Handle Confrontations When Recording

If the Sacramento police officer you are recording confronts you, we recommend:

• Staying calm and composed
• Familiarizing yourself with your rights
• Documenting the officer’s interference

Contact a Sacramento, California Police Brutality Lawyer Today

If you have questions about recording police officers in California, our Sacramento police brutality attorneys at Lawyers For The People are happy to clarify your civil rights and applicable constitutional laws for you. We are passionate about taking a stand against police misconduct in Sacramento and throughout California. Your rights matter! To speak to one of our lawyers, call our office at (510) 929-5400 or visit us online now.