If I have a camera, am I allowed to record (audio and video) a police officer if she/he is interacting with me?

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If I have a camera, am I allowed to record (audio and video) a police officer if she/he is interacting with me?

Asked on December 9, 2012 under Criminal Law, Delaware

Answers:

David West / West & Corvelli

Answered 9 years ago | Contributor

While there is no law against recording the police, if you are the focus of a police investigation, either in a car or in a home, police can force you to turn any recording device off.  This is arguably because it is a distraction to their performing their duties and they desire your undivided attention.  The real reason is because they don't want anyone keeping track of anything they might do wrong or say wrong.

If the recording device is unknown to them then there is no requirement that you turn it off, such as a hidden camera or tape recorder.  You can record anyone under Georgia law so long as one of the persons being recorded consents - that one person being yourself. 

When in doubt about your rights as it relates to the police, your best bet is to always consult with an experienced criminal defense attorney such as those at David West & Associates.  They can advise you of your rights and in some circumstances even provide you counsel while you are interacting with police if you are on retainer with their firm.

Good Luck

David S. West

Senior Attorney

David West & Associates

www.westdefense.com

 

David West / David West & Associates

Answered 9 years ago | Contributor

While there is no law against recording the police, if you are the focus of a police investigation, either in a car or in a home, police can force you to turn any recording device off.  This is arguably because it is a distraction to their performing their duties and they desire your undivided attention.  The real reason is because they don't want anyone keeping track of anything they might do wrong or say wrong.

If the recording device is unknown to them then there is no requirement that you turn it off, such as a hidden camera or tape recorder.  You can record anyone under Georgia law so long as one of the persons being recorded consents - that one person being yourself. 

When in doubt about your rights as it relates to the police, your best bet is to always consult with an experienced criminal defense attorney such as those at David West & Associates.  They can advise you of your rights and in some circumstances even provide you counsel while you are interacting with police if you are on retainer with their firm.

Good Luck

David S. West

Senior Attorney

David West & Associates

www.westdefense.com

 


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