Can you legally video/audio tape an officer once he has pulled you over for a minor traffic violation?

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Can you legally video/audio tape an officer once he has pulled you over for a minor traffic violation?

My friend was pulled over by an officer and said he did not want to say anything unless he was recording the conversation between the cop and himself. The officer said no, my friend then invoked his right to silence and he was arrested. I checked the booking records and he was charged with Reckless Driving Is that legal on the officers behalf or is my friend safely within the confines of the law?

Asked on July 15, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing probibiting the videotaping or audio taping of a police office in public under the laws of all states in this country. If your friend was arrested for reckless driving his arrest under the law is presumed legal. Your friend had the right to say nothing to the arresting officer if whatever he may have stated would have incriminated him or her.

From what you have written, it appears that your friend's refusal to speak with the arresting officer may have ended up with your friend getting arrested for reckless driving due to his lack of cooperation.


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