In short, the ability to openly record on-duty police officers in Florida is protected by the First Amendment. But not all cops know this, and unfortunately, some cops openly ignore this fact even if they know the law.
If they claim harassment or cite the audio portion of the wiretapping law, they may try to confiscate your phone. Calmly inform them they need a warrant or reasonable suspicion there is criminal activity on your device to do so.
If you are not interfering with their work and are staying visibly safe, you are doing what is lawfully required. It is very important you are in control of any situation where you may have to record a police officer. Keep your wits in order to avoid charges of disorderly conduct, obstruction of justice , and violation of wiretapping laws.
Keep your phone at waste level, tilted upward, or generally close to your body to record in a non-confrontational manner. Do make sure your cell phone is passcode protected to protect your videos or other personal information. That way, even if they confiscate or destroy your phone, that content or information will survive and can remain useful. Do understand the police do dangerous work, and if not out of respect, cooperate for the good of all parties. Unfortunately, one of the biggest issues in America now concerns issues of police brutality and harassment, particularly of minority populations.
Improving these conditions requires trustworthy police officers in addition to brave citizens — both need to make a stand in society.
There are certainly some grey areas where civilian recordings, even of officers, could be unlawful, and this also deserves consideration. This is because the conversation is not intended or required to be a public occurrence, and so the statute applies. Additionally, common sense would indicate taking a recording of an officer in the restroom or in their home would violate.
Remember, the statute which allows you to record an officer requires the recording to take place in a public setting. When you are on private property, the property owner may set rules about the taking of photographs. Police officers may not generally confiscate or demand to view your photographs or video without a warrant.
Even if you are being arrested, the police may not search the digital contents of a cell phone without a warrant. The same rule should apply to digital cameras, and photographers should clearly tell officers they do not consent to a search of their digital files. Police may not delete your photographs or video under any circumstances.
Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations. Professional officers, however, realize that such operations are subject to public scrutiny, including by citizens photographing them. Note that the right to photograph does not give you a right to break any other laws.
For example, if you are trespassing to take photographs, you may still be charged with trespass. If you are stopped or detained for taking photographs Always remain polite and never physically resist a police officer. Until you ask to leave, your being stopped is considered voluntary under the law and is legal.
If you are detained, politely ask what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity. Special considerations when videotaping With regards to videotaping, there is an important legal distinction between a visual photographic record fully protected and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.
However, in nearly all cases audio recording the police is legal. If a recording is taken of other people on private property and they have not been given consent to do so, the person making the recording can be charged with trespassing and may even be held liable for injury under a civil lawsuit.
Those who wish to record police officers in Texas may do so when the police officer is on public property, or when one of the people involved has given permission for a third party to take a recording.
An experienced attorney can do more than fight for you. Your lawyer can also answer questions you may have, like whether it is legal to record police officers in Texas or other questions regarding your rights as a citizen. If you want to know more about your rights or you need your rights protected, get in touch with a skilled attorney that can advocate for you. Contact a lawyer today and know that you are in capable hands.
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