Recording an officer's actions via audio/video (CA)

[Steven L]

What is the name of your state? California

We all know that, in the face of all the benefits, there are still police officers who do not conduct themselves in an appropriate manner. When it comes to pressing charges against the officer pertaining to their behavior when stopping you, it is pretty much your word against theirs (and it is rather obvious whose word a judge will prefer). The only solution I could come with is to record the officer's actions and language on either video or audio.

It is no problem for me to have a camcorder/voice recorder in my car and activating it is not a problem either. The predicament I seem to be having is if recording the officer is actually legally permisible (and if such evidence can be used in court against them).

My questions are thus:

1. Can I record the officer with a camera or voice recorder legally and use this evidence in court?

2. Can an officer force me (legally) to surrender the recording apparatus if they have discovered it recording them?

3. Do I have to inform the officer that I am recording them by either audio or video?

4. Can I actually operate a camera (manually) when I am stopped or do my hands have to always remain on the steering wheel? Can a passenger riding with me operate the camera or does the same rule apply to them?

Thank you for your time and help with these questions,

-Steven L

[CdwJava]

Originally Posted by Steven L

1. Can I record the officer with a camera or voice recorder legally and use this evidence in court?

Voice recorder, no ... unless it is obvious or he has been advised it is on. Video recorder, yes.

However, if the device interferes with his ability to do his job - such as your refusing to do as he asks because you're busy taping him - then it can become part of another illegal act: resisting, obstructing or delaying an officer.

2. Can an officer force me (legally) to surrender the recording apparatus if they have discovered it recording them?

Generally, no. However, there are circumstances where they could do so ... but these would be rare and would involve a little more than a simple traffic stop.

3. Do I have to inform the officer that I am recording them by either audio or video?

For an audio recording, you generally do. For video with audio, you generally do ... unless it is obvious.

4. Can I actually operate a camera (manually) when I am stopped or do my hands have to always remain on the steering wheel? Can a passenger riding with me operate the camera or does the same rule apply to them?

If you start making the officer think he is in danger for some reason, and fail to comply to his lawful orders, you can find yourself cuffed. Yes, a passenger can operate the camera.

You gonna go fishing for problems?

So ... why do you seem to have all this police contact? You have so many contacts that you want to start taping them? What does this say about YOU and your actions?

- Carl

[Steven L]

Thank you for your response.

I am in no way going to fish for problems...Since this happened to some of the people I know in the past, I would just like to be educated of my rights in advance.

[CdwJava]

Originally Posted by Steven L

Thank you for your response.

I am in no way going to fish for problems...Since this happened to some of the people I know in the past, I would just like to be educated of my rights in advance.

As a humorous side note, I recall a guy who carried a video camera around for the same reason. Well, he never had a problem with the police, but he had two video cameras stolen from the car.

- Carl

[gawm]

Originally Posted by Steven L

What is the name of your state? California

We all know that, in the face of all the benefits, there are still police officers who do not conduct themselves in an appropriate manner. When it comes to pressing charges against the officer pertaining to their behavior when stopping you, it is pretty much your word against theirs (and it is rather obvious whose word a judge will prefer). The only solution I could come with is to record the officer's actions and language on either video or audio.

It is no problem for me to have a camcorder/voice recorder in my car and activating it is not a problem either. The predicament I seem to be having is if recording the officer is actually legally permisible (and if such evidence can be used in court against them).

My questions are thus:

1. Can I record the officer with a camera or voice recorder legally and use this evidence in court?

2. Can an officer force me (legally) to surrender the recording apparatus if they have discovered it recording them?

3. Do I have to inform the officer that I am recording them by either audio or video?

4. Can I actually operate a camera (manually) when I am stopped or do my hands have to always remain on the steering wheel? Can a passenger riding with me operate the camera or does the same rule apply to them?

Thank you for your time and help with these questions,

-Steven L

if you get lucky enough to get pulled over while they are shooting cops(t.v. show) you won't have to worry about it they will record it for you

[CdwJava]

Originally Posted by gawm

if you get lucky enough to get pulled over while they are shooting cops(t.v. show) you won't have to worry about it they will record it for you

Ah! But on COPS, they don't release the video unless the agency says it's okay. Unfortunately, a lot of agencies let video with all sorts of bad stuff get through ... it amazes me.

One of those crews rode for 6 weeks on a shift I worked (more than a dozen years ago in an agency far, far away) ... they were cool to have around and very user-friendly.

- Carl

[gawm]

Originally Posted by CdwJava

Ah! But on COPS, they don't release the video unless the agency says it's okay. Unfortunately, a lot of agencies let video with all sorts of bad stuff get through ... it amazes me.

- Carl

what about the idiots getting arrested, why would anyone in their right mind sign that release form? what people won't do for 15 minutes of fame/shame

[CdwJava]

Originally Posted by gawm

what about the idiots getting arrested, why would anyone in their right mind sign that release form? what people won't do for 15 minutes of fame/shame

Like with the news, I do not believe the arrestees and others had to sign a release. At least I do not recall it being done.

However, several years ago the USSC ruled against media ride-alongs going inside of homes so shows like COPS effectively shut down about 5 years back because they couldn't get the good inside shots - only stuff that happens on the street. And if it happens on the street, I don't believe there is any privacy issues that require a release.

- Carl

[gawm]

i remember sometimes peoples faces would be blurred over. i just assumed they didn't sign a release. oh well.

[CdwJava]

Originally Posted by gawm

i remember sometimes peoples faces would be blurred over. i just assumed they didn't sign a release. oh well.

That could well be. I'm not too sure. Usually, I seem to recall that the blurs (in Cops) would be over witnesses and children - not over the suspect. But, I don't watch the show anymore and it has been a long time since I have seen it. You may well be right.

- Carl