It seems like every month or so a story hits the news about police officers acting questionably in the line of duty. Be it about abusing their powers or making mistakes, a police officer’s every move can be monitored and critiqued by millions through a video on the internet. With the popularity of video-recording cell phones, digital cameras and portable camcorders, anyone can be the cameraman – not just the guy from Channel 5 news. The platforms on which these videos are viewed have also grown dramatically in the past few years. With the success of websites like YouTube.com, a video shot and uploaded from a camera-phone can turn viral overnight, gaining millions of hits and reaching a mass audience like never before.

Take for example this Seattle Police confrontation video from earlier this month that has received 1.5 million hits on YouTube. The video taken by a witness shows a Seattle police officer punching a 17-year-old girl in the face after she shoved him and became uncooperative during a stop for jaywalking. After the video hit the internet and played on several Seattle media news stations, Police Chief John Diaz ordered a review of the department’s training procedures and examination of the entire situation around the jaywalking stop. The man who videotaped the altercation simply said he was in the right place at the right time.

But now that ordinary citizens are playing the “watchdog” game, is it even legal to film police when they are at work? Although the videos themselves are usually surrounded by controversy, could you find yourself in hot water after shooting some digital video of a cop in a compromising situation? Although it is legal to film police in most cases, there are some exceptions. And if you find yourself with a camera in the right time and place, it’s good to know your rights.

It is generally legal to record police or any officer of law enforcement with or without their consent. Protected by our constitutional right to free speech, any recording in a public place is usually acceptable. For example, if a police officer were to pull you over or stop you on the sidewalk like in the Seattle case, in most cases you would have every right to videotape your transaction. Private property becomes a different issue. If an crime occurs in someone else’s house for example, you would need permission before recording, otherwise you may violate someone’s right to privacy.

However there are some limits that vary from state to state on how and when consent is needed. In some states, such as Maryland for example, it is illegal to record a police officer without his or her knowledge, even if it is in a public place. Other states have laws where one must announce they are recording, or do so in an obvious way so that police officers are aware of the situation. If you’re unsure of your local laws you can always ask permission before recording, but in most cases you will find yourself well within your rights.

Posted by Rachel on July 1, 2010 at 12:41pm.