Video taping while being pulled over

[Ohms]

My friends were stunting on there bikes while I was fliming and a police officer showed up, and told them this isnt the place to do it and what not, he was a cool cop and didnt write tickets since we were on a pretty secluded road.

But during this I was fliming the whole thing, and the officer told me to "Please stop filming", I asked him "why do I have to stop filming", and all he said was "Because I told you to". Not wanting to get my friends or myself in any trouble I decided to just turn off the camera and put it in my car.

But I wanted to know, for future reference is there a law or somthing that says I cannot film while I've been pulled over, or a friend pulled over or somthing like that, or is it just prefrence for the officer? I did a quick search but didnt really find anything.

thanks!

 

[PGreenSVT]

They roll cameras when they want, you can too. However he is a cop and I don't suspect that you not cooperating with his directives will lead to a positive outcome for you or your friends.

 

[ralliart16]

I can only presume a cop, like anyone working, does not like to be video taped as this video could be used against them if they somehow say or do something wrong / against S.O.P., etc.

 

[tistan]

Do a search. I think this was asked a few months ago, and there were some pretty good answeres.

 

[FordSVTFan]

They roll cameras when they want, you can too.

Really? What makes you think that? Police can carry a weapon without a permit, so you can too?

 

[harry gilbert]

Really? What makes you think that? Police can carry a weapon without a permit, so you can too?

I didn't know one needed a permit to carry a movie camera. There is a law against carrying a concealed firearm without a permit; is there a law against filming a police officer? Is filming an officer automatically equivalent to interfering with the officer's work or safety? If you are filming and are asked to stop, can you just back away a reasonable distance and keep filming? With what offense would you be charged?

 

[esqeddy]

I didn't know one needed a permit to carry a movie camera. There is a law against carrying a concealed firearm without a permit; is there a law against filming a police officer? Is filming an officer automatically equivalent to interfering with the officer's work or safety? If you are filming and are asked to stop, can you just back away a reasonable distance and keep filming? With what offense would you be charged?

Very good post. Generally speaking, there is NOTHING illegal about filming officers doing their job in a public place so long as it does not obstruct the performance of their duties, invade someones privacy, or violate some specific court order.

 

[darkhorse276]

Really? What makes you think that? Police can carry a weapon without a permit, so you can too?

Since when can't you?

 

[FX4 SAPPER]

i agree with the above of the liability for the cop. he doesnt want any chance of him **edited by moderator** up and getting caught. Sine he was being cool how come you didnt just do what he asked right away?

 

[GT_Jim]

You had a right to film and the cop recognized that, hence why he didn't really do anything about it. Maybe he didn't want to be filmed letting your friends go while doing something they shouldn't have been doing at place they should not have been doing it at. He was trying to be nice and probably didn't want it posted for the world (and his boss) to see to keep himself out of trouble.:beer:


edited for spelling

 

[Dusten]

Really? What makes you think that? Police can carry a weapon without a permit, so you can too?

depends on the state...

 

[Stanley]

Wouldn't there be a camera running in his car?

 

[ralliart16]

Wouldn't there be a camera running in his car?

From what I've heard every time a police vehicle throws it lights on a camera starts recording. Don't quote me on this though.

 

[FordSVTFan]

I didn't know one needed a permit to carry a movie camera. There is a law against carrying a concealed firearm without a permit; is there a law against filming a police officer? Is filming an officer automatically equivalent to interfering with the officer's work or safety? If you are filming and are asked to stop, can you just back away a reasonable distance and keep filming? With what offense would you be charged?

It is called an analogy. The point is that just because the police can do something doesnt mean that anyone can. And I quote

They roll cameras when they want, you can too.

There is no law that states "you cant kill a person by drowning them." The statutes aren't that specific, so there wont typically be a statute that addresses videotaping. But there are statutes that encompass such activities when they interfere/obstruct a police officer's duties or they create a risk to any person, including themselves. As has been discussed before, a police officer is to maintain control of the scene, that includes not allowing passengers to wander away from the scene, or to hold anything that might be a weapon or used as such. That is why passengers of vehicles are often taken from the vehicle and placed in a patrol car, without being under arrest, for their safety and that of the officer.

If a person isnt involved in the incident and interjects himself into the stop/investigation, they are interferring/obstructing, and will be told to stop their activity this is creating the obstruction of the officer's duties.

A person can film from a distance almost any act occurring in public, as long as it does not violate their "Reasonable Expectation of Privacy," or a specific statute, such as Federal Wiretaping, or a restraining order/court order, etc.

Each case if fact determinative and the totality of circumstances will be taken into account. But again, the point is that a statement such as the one noted above, that tends to indicate an unrestricted right to video tape police is not accurate.

 

[DaleM]

Very good post. Generally speaking, there is NOTHING illegal about filming officers doing their job in a public place so long as it does not obstruct the performance of their duties, invade someones privacy, or violate some specific court order.

Filming is often done at rallies and protests to record police abuses. I don't see the harm in it since the officer is conducting a public service in the public for the public. I see no harm and never heard of laws violating filming, unless you are driving and holding the camera.

Maybe the OP can read this and check out the links. Eddy what do you think of these?
http://photojojo.com/content/tips/legal-rights-of-photographers/

The Ten Legal Commandments of Photography
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.

III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

VI. The following can almost always be photographed from public places, despite popular opinion:

accident & fire scenes, criminal activities
bridges & other infrastructure, transportation facilities (i.e. airports)
industrial facilities, Superfund sites
public utilities, residential & commercial buildings
children, celebrities, law enforcement officers
UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.

What To Do If You’re Confronted
Be respectful and polite. Use good judgement and don’t escalate the situation.
If the person becomes combative or difficult, think about calling the police.
Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
Call your local TV and radio stations and see if they want to do a story about your civil liberties.

 

[lowdrag]

I noticed that the OP lives in IL. The video taping wouldn't get you in trouble, but the eavesdropping laws in IL are very strict. Recording the conversation during the incident could pose some problems if you don't have consent from all parties involved.

 

[esqeddy]

Good post DaleM

 

[svt_foci]

Good info Dale.

My understanding is that a LEO could look at that camera as a potential weapon. If it is mounted in your car and you are taping that is different, but anything in your hand is not ok. The LEO must protect him/herself and maintain control of the situation. Why do you think officers make you put out a cigarette? That could be a weapon. It's really more about safety then you taping them.

 

[FordSVTFan]

Filming is often done at rallies and protests to record police abuses. I don't see the harm in it since the officer is conducting a public service in the public for the public. I see no harm and never heard of laws violating filming, unless you are driving and holding the camera.

Maybe the OP can read this and check out the links. Eddy what do you think of these?
http://photojojo.com/content/tips/legal-rights-of-photographers/

While that site is a good resource for those photographers in general. They dont address the situation where the photographer is involved in a traffic stop by police. There is a different set of rules when a person is subject to police investigation.

 

[DaleM]

While that site is a good resource for those photographers in general. They dont address the situation where the photographer is involved in a traffic stop by police. There is a different set of rules when a person is subject to police investigation.

Adam, instead of playing games here help us out a bit. Was this done on private or pulic property? Was the officer threatened or endangered by the camera? If so, how? If there is a standard the public should be aware of when filming that we are not aware of? I am all ears here, Ross Perot on steroids. If the LEO is following proper procedures what is the harm? His privacy while conducting public duties?