Recording Police in California is Now Legal
There has been much talk in the months of late about whether or not it is legal to record the police in action. Many citizens feel it is not only a way to protect their safety, but the only way to ensure the police are held accountable for their actions. Thanks to a new California law, that question has been answered.
Last Tuesday, Governor Jerry Brown signed Senate Bill 411 into law. The law clarifies the rights of private citizens to film the police as they are performing their jobs. Called the “Right to Record Act,” the law received support from both parties as it made its way through the channels.
The law protects the First Amendment right of all Californians. Anyone who is recording the police while in a public place, or while in a place where the person has a right to be, is not violating the law. Additionally, the law is specific in that recording does not give the police a right to detain the person. Recording is also not probably cause to arrest.
Says Susan Israel, member of the California Public Defenders Association Legislative Committee, “This law makes it crystal clear that a person who photographs or video records a public officer or police officer, in a public place, and does not physically interfere with that officer, is not committing a crime and is not subject to detention or arrest. It is the embodiment of protections guaranteed by the First Amendment of the United States Constitution.”
While some law enforcement officials oppose the new law, there are those in favor of it. Some cops see the new law as being in their favor. A recording can protect an officer of unwarranted allegations of misconduct. Previously, it was only the officer’s word against an accusers.
SB 411 is news in light of recent arrests in California. Several civilians have been arrested for recording police in cities like San Diego, Torrance, and Los Angeles. As long as a citizen is recording in a legal way, without interfering with the sworn duties or safety of a police officer, he or she cannot be arrested. The law comes at a time when it is clearly needed.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.