In the state of California, you are allowed to record police while on duty, but there are a few restrictions. The first general rule of recording the police is to do so as openly as possible. If you try to do so by concealing your camera, you may be violating California Penal Code Section 647.
This law states that any person who uses a concealed camcorder to secretly videotape or record another person without their consent is committing a crime. As long as the audio or video recording is being done in a public place and you are not trying to hide it, you are within your “First Amendment” rights.
Even if you are recording an officer of the law in plain sight, they might feel the need to confront you. If confronted, just explain that you are asserting your “First Amendment rights”. Make sure you are not interfering with police duties and you are giving the officer space to work.
It is important to note that the state’s “anti-paparazzi” legislation. This makes photographing or recording anybody on private property a crime. If you are going to document police activity with your camera phone or other recording device, make sure you are doing it in a public area.
Consequences of Secretly Recording a Police Officer
Under California Penal Code Section 647, audio recording or videotaping a police officer with a concealed camera is a misdemeanor. If found guilty, you could face up to one year in county jail and fines of up to $1,000.
When you need help, call the Criminal Defense Attorneys at Solution Law APC
Ultimately, you should not be convicted of a crime for recording a police officer if it is done in a public and open setting. However, some police officers might unfairly arrest you for other more general offenses. If you are facing any allegations after exercising your First Amendment right to record a police officer, it is important that you seek help from an experienced and knowledgeable attorney. The attorneys at Solution Law APC have been successfully defending our clients accused of crimes for over 40 years.
With offices located in Orange County, San Bernardino, Los Angeles, and San Diego Counties.