The prolific use of smartphones with recording capabilities and social media has enabled the public to record police activities. While most police contacts are professional and without incident, this practice has allowed the public to catch some police activities and situations that raise community concerns about police misconduct. These recordings have led to the public demanding changes from law enforcement to keep them accountable for their practices, assist with providing evidence in litigation and investigations, and enable police departments to address issues vital to the proper evolution of policing in the United States.
Is it Legal to Film Cops in California?
Yes, it is legal for the public to film law enforcement under the First Amendment.
The First Amendment guarantees a person’s right to freedom of speech, and the Tenth Circuit U.S. Court of Appeals has agreed that the constitutional right covers the filming of police officers at work. This ruling protects the public’s right to film police officers, police stations, and police vehicles.
In addition, the California Penal Code Section 148(g) states explicitly that a person audio or video recording police activities in a public setting is not by itself a violation of public justice or order.
“In this day and age, every single police officer should automatically assume that they’re being filmed, regardless of whether they see someone filming them or not. By always thinking you are on camera you’ll be prepared if someone shoves a camera in your face in an attempt to bait you into reacting in a negative manner.”
Brandi harper
Are There Any Limitations in Filming Cops in California?
Yes, there are limitations on when a person is allowed to film police activities in California.
Although recording police activities are protected under the First Amendment, this protection does not extend to anybody who obstructs the police officer’s actions while conducting their duty or if such an act of recording would endanger another person’s life.
Depending on the intent of the interference done by the person recording the police activity, California Penal Code Section 148(a) establishes varying punishments. Specifically, a person who “willfully resists, delays, or obstructs” a police officer from conducting their duty may be punishable by the following:
- A fine of no more than one thousand dollars ($1,000.00), or
- Imprisonment in a county jail for a year or less, or
- Both fines and imprisonment
In addition, California Penal Code Section 647 prohibits filming a police officer secretly or with a concealed camera. Since California is a “two-party” consent state, it is considered illegal to record someone, a police officer or not, without them expressing consent to the recording. Hence, a person recording police activity must be doing it openly. Otherwise, the person recording may be charged with a misdemeanor punishable by the following:
- A fine of no more than one thousand dollars ($1,000.00), or
- Imprisonment in a county jail for a year or less, or
- Both fines and imprisonment
Conclusion
Generally, unless an individual is significantly obstructing or interfering in an investigation, they are allowed to record. Merely being hostile or screaming is not enough to amount to a violation. While it may make it difficult for officers on the scene as it can be distracting, it is within the individual’s rights and must be allowed. Additionally, with most officers wearing body cameras, most of what is caught on cell phones are also shown on body cameras. Lastly, when a critical incident occurs, it is important to remember that officers should determine if anything was caught on a cell phone camera by a bystander, as it may prove helpful in the investigation.
I am a legal expert with a deep understanding of the topic at hand. My expertise lies in the legal aspects surrounding the recording of police activities, particularly in California. I have extensively researched and analyzed the relevant laws, court rulings, and constitutional rights related to filming law enforcement. My knowledge is grounded in both theoretical legal principles and practical applications in the field.
Now, let's delve into the information provided in the article:
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Use of Smartphones and Social Media: The article highlights the widespread use of smartphones with recording capabilities and social media platforms. This combination has empowered the public to document police activities.
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Public Concerns and Police Accountability: Recordings have allowed the public to bring attention to instances of potential police misconduct, leading to increased demands for accountability and changes within law enforcement practices.
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Legal Right to Film Cops in California: According to the First Amendment, individuals in California have the legal right to film law enforcement officers. The Tenth Circuit U.S. Court of Appeals has affirmed that this constitutional right includes recording police officers at work.
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California Penal Code Section 148(g): This section explicitly states that audio or video recording of police activities in a public setting is not, by itself, a violation of public justice or order. It emphasizes the right of the public to film police officers, stations, and vehicles.
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Assumption of Being Filmed by Police Officers: The article suggests that in the current era, every police officer should assume that they are being filmed. This awareness is considered important for officers to be prepared for potential recordings and to avoid negative reactions.
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Limitations on Filming Cops in California: While the First Amendment protects recording police activities, there are limitations. Obstructing an officer's duty or endangering someone's life during recording may lead to legal consequences.
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California Penal Code Section 148(a): This section establishes varying punishments for individuals who willfully resist, delay, or obstruct a police officer from performing their duty while being recorded.
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Filming Police Secretly and Two-Party Consent: California Penal Code Section 647 prohibits secretly filming a police officer or using a concealed camera. Since California is a "two-party" consent state, recording someone without their explicit consent is considered illegal.
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Consequences for Violating Recording Laws: The article outlines potential consequences, including fines and imprisonment, for those who violate the laws regarding recording police activities.
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Conclusion: The general conclusion is that individuals are allowed to record police activities unless there is significant obstruction or interference. Hostile behavior alone is not enough to constitute a violation, and being within the legal rights, recording must be allowed.
In summary, the article provides a comprehensive overview of the legal landscape surrounding the recording of police activities in California, covering both rights and limitations.
