Here is a link to the Digital Media Law Project's information on recording laws in California: http://www.dmlp.org/legal-guide/california-recording-lawWhat is the name of your state (only U.S. law)? California.
I understand that it is legal to video record people and on duty police in public in California, but can you direct me to the specific laws so I can reference them if I get harassed by anyone? Thanks.
What I have quoted above of your post is not true in any state.... All fifty states have ruled it is legal to record anyone in public, whether they consent to it or not, because we lose the right to privacy the moment we enter the public ...
I'm sure it can cause problems, but I'm only interested in what the law says. Some clothing people wear can cause problems and be offensive. Nevertheless, they have the right to wear those close.In CA video is okay, but audio can cause you problems even if recorded in public under certain circumstances.
Such as? Cite your source.AND, certain types of video taping can find you in violation of other laws not covered in our privacy laws.
Irrelevant to the topic at hand.For CA check PC 630, et seq. (particular PC 632)
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=15.&part=1.&chapter=1.5.&article=
People in public places. I already know it's legal. I only need the specific laws showing it is legal. I am already familiar with the First Amendment.Perhaps if you stated what kinds of things you intend to wander around recording we could be more specific?
Every state and federal Circuit Court to rule on this question has concluded that filming the police in public is First Amendment protected. You might ask, "What about the 12 states who have all party consent laws that require all parties to agree to be recorded?" The courts in these states ruled that those laws do not apply to citizens who are openly recording the police in public. Massachusetts and Illinois have statutes on their book that make it illegal to record the police in public, but in 2011 the First Circuit Court of Appeals declared their law to be unconstitutional. In 2012, Illinois did the exact same thing. The laws have been invalidated. Therefore, in the United States, citizens ALWAYS have the right to openly record the police in public. So if you are recording police and they tell you to put your camera away, that is an unlawful order.What I have quoted above of your post is not true in any state.
That statement is patently false. "As a general rule, both the public and the press have a right to record government officials or matters of public interest in a public place. But it is one thing for a photographer to know his or her rights when recording public officials and quite another for security guards, police officers and government officials to be aware of or even care about those rights."What I have quoted above of your post is not true in any state.
I do not know where you are getting your information but it is not entirely correct. And what I wrote that you are now questioning IS correct. Please reread what you quoted and note the "As a general rule .." part, for one thing.Every state and federal Circuit Court to rule on this question has concluded that filming the police in public is First Amendment protected. You might ask, "What about the 12 states who have all party consent laws that require all parties to agree to be recorded?" The courts in these states ruled that those laws do not apply to citizens who are openly recording the police in public. Massachusetts and Illinois have statutes on their book that make it illegal to record the police in public, but in 2011 the First Circuit Court of Appeals declared their law to be unconstitutional. In 2012, Illinois did the exact same thing. The laws have been invalidated. Therefore, in the United States, citizens ALWAYS have the right to openly record the police in public. So if you are recording police and they tell you to put your camera away, that is an unlawful order.
As far a recording anyone in public in California, again, it's perfectly legal.
Okay, fine. Recording audio can cause LEGAL problems, can be inadmissible, and even can be a criminal act.I'm sure it can cause problems, but I'm only interested in what the law says. Some clothing people wear can cause problems and be offensive. Nevertheless, they have the right to wear those close.
Upskirts videos, for one. Recording minors for prurient purposes for another. I can cite the penal code if you'd like, but until you care to enlighten us what sort of recording you would LIKE to do, I'm not all that inclined to look for random violations of the law.Such as? Cite your source.
Really? The LAW (which you asked about) that concerns recording is "irrelevant?"Irrelevant to the topic at hand.
Once again, in general, it IS legal. See the previously mentioned Penal Codes.People in public places. I already know it's legal. I only need the specific laws showing it is legal. I am already familiar with the First Amendment.
What I have quoted above is also not true in any state, if by "the right to wear" you mean "the right to wear without consequences."... Some clothing people wear can cause problems and be offensive. Nevertheless, they have the right to wear those close. ...
As mentioned, this is not entirely true. There ARE exceptions ... as previously discussed ... nearly 6 months ago.It is legal to video record and take pictures of absolutely anyone, whether they consent to it or not, as long as they are in public places, where there is no expectation of privacy.
Mostly true. Though, there are exceptions for some public buildings depending on the totality of circumstances. Although, under the right circumstances, a WARRANT would not be necessary to seize a recording device if there is both probable cause to seize it AND an articulable exigency to support the need for immediate seizure. Simply for openly recording the police in a public place, you'd be correct, they could not seize the recording device.This also includes recording on duty police, and public and government buildings. If a police officer orders anyone to put away his recorder or camera, he is giving an unlawful order, and you are under no obligation to comply. Moreover, a police officer cannot confiscate a recorder or camera without a court issued warrant. What I have just stated is true in all fifty states. However, it is illegal to record private conversations.
What you are writing is, once again, incorrect.It is legal to video record and take pictures of absolutely anyone, whether they consent to it or not, as long as they are in public places, where there is no expectation of privacy. This also includes recording on duty police, and public and government buildings. If a police officer orders anyone to put away his recorder or camera, he is giving an unlawful order, and you are under no obligation to comply. Moreover, a police officer cannot confiscate a recorder or camera without a court issued warrant. What I have just stated is true in all fifty states. However, it is illegal to record private conversations.