Videos of police interactions gone wrong are common in today’s digital age, and the footage often sparks widespread outrage. Can you legally record police activity, especially during your arrest? What are the implications if you do?
You can record the police, but there are limits
Several factors can affect the legality of your actions:
- The First Amendment: The freedom of speech and the press are among the safeguards provided by the First Amendment. Under the right circumstances, you can film police officers performing their duties in public spaces, including arrests, traffic stops and other interactions.
- Consent: Tennessee is a “one-party consent” state for audio recordings. This means you can legally tape conversations if you are a participant or have consent from at least one person involved.
- Location: You generally do not need consent to record video in public. However, doing so inside a police station or other areas where there is an expectation of privacy might be unlawful without consent.
It is crucial to note that recording your arrest could lead to accusations of resisting arrest in some cases. Suppose an officer asks you to put your hands behind your back, but you continue filming instead. In the heat of the moment, the officer may perceive this as an attempt to impede their duties.
The key is to make your intentions clear, even while recording. If an officer tells you to put your phone away, it is best to prioritize your safety and comply with lawful orders. You can address any infringements of your rights later with legal help.
Protecting your rights and defending your freedom
While recording police interactions is generally within the bounds of law, it is often not a substitute for legal representation. When arrested for criminal charges, consult an attorney in Tennessee immediately. Working side-by-side with a skilled lawyer can increase the chance of achieving your legal goals.