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

UPDATED: Jul 15, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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