Being a tourist, can I film police in the US?

Question

I have seen some YouTube videos where police in the US doesn't behave in the best of ways, but citizens are allowed to film them "for their own protection" and it helps having evidence if something escalates.

I will be travelling with my family soon to the US and I won't be recording cops for no reason, but in the case they stop me or something weird starts to happen with a cop, can I film them?

Answer 1

Legally, probably. Sounds iffy, but that's the state of the law at present - it's evolving and is 'iffy'. A US Appeals Court has determined that this is protected by First Amendment Rights, and that:

"It is clearly established in this circuit that police officers cannot, consistently with the Constitution, prosecute citizens for violating wiretapping laws when they peacefully record a police officer performing his or her official duties in a public area," the appeals court said.

The ACLU has published Rights for Photographers and states that:

When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.

and in regards to your camera/phone:

Police officers may not confiscate or demand to view your digital photographs or video without a warrant. The Supreme Court has ruled that police may not search your cell phone when they arrest you, unless they get a warrant. Although the court did not specifically rule on whether law enforcement may search other electronic devices such as a standalone camera, the ACLU believes that the constitution broadly prevents warrantless searches of your digital data.

The Huffington Post has an article - It's Perfectly Legal To Film The Cops which confirms that it's legal in all 50 states:

“There’s no law anywhere in the United States that prohibits people from recording the police on the street, in a park, or any other place where the public is generally allowed,” Osterreicher said.

However, conflicting state laws might still find you in hot water - they might go after you with another sneaky rule, for example, from the same article, according to Massachusetts law, citizens are permitted to record police officers in public, but only if the police have been informed that a recording is taking place. You're more likely to run into problems if your recording interferes with police business, or if you're being a nuisance.

So if in doubt - ask the officers that you're filming first, and avoid the complications of offense, arrest and trial (if not worse) if possible.

Answer 2

There is no law against filming police in action, anywhere in the USA that I am aware of. But to be honest, sticking your cellphone in the officers face to record what he says will likely not earn you any leniency. So don't be surprised if you get a ticket and not a warning.

Police as a whole in the USA are fine but stern. Officers that act like what you see on YuckTube are a minority and you would be hard pressed to find a police force anywhere in the world without a few bad apples.

One drawback to social media is that incidents get blown up to blanket accusations against all, when they should be viewed as individual acts. Story telling in days of old had similar results, as a story was told by subsequent people it became more fabulous or more dastardly. Back then it took years for stories to become legends, now with social media it takes hours. But the end result is the same, the legend doesn't really reflect the act.

Answer 3

You have the right to film police, although police do not always agree. Relevant article. Note that most Constitutional rights apply to everyone in the country, not just citizens. That is, you can't be tried twice for the same offense just because you are a tourist. (Disclaimer 1: You can be tried for essentially the same offense in one State court and Federal court; Disclaimer 2: IANAL)

Answer 4

Legally, yes, as others have explained.

Practically, it's not a good idea. US citizens are routinely arrested for filming police actions (even though most are never convicted or even indicted) and their videos confiscated. Since you're a non-citizen, having an arrest record in the US will likely make you ineligible to enter the US again.

Whether that's worth the risk is something only you can decide.

Answer 5

Taking silent film or still photos:
As far as I know, there are no laws prohibiting you taking still photos or silent films of police officers in public lands or roads. In private places (including museums, libraries or schools) the owner of the property or related authorities may have their own rules, for instance, stores prohibiting taking photos of their employees, or an airport prohibiting photo taking at security checkpoint.

However, a police officer in public places has the right to order you (citizen or not) to stop taking photos or films when he/she believes that you are interfering their job. Even if you believe it's not the case, you should never resist his/her order or try to run away from the scene.

Recording audio or films containing audio:
In some states, recording audio (or a film with audio) of police officers may not be legal. Also keep in mind that photos/films legally taken may not be legally published online.