First Amendment Audits: How to Record Police Without Getting Arrested

When recording police, you’re going to need to know your rights. In fact, you need to know your rights so well that you can’t be intimidated into giving them up with the threat of arrest and jail. Let’s discuss how to record police without getting arrested. Chapters: 00:00 – Intro 00:38 – Why are you Recording Police? 01:23 – Isn’t Recording Police Illegal? 02:42 – What About Interference with Police? 03:51 – When Should I be Recording Police? 04:33 – Won’t the Police Just Delete Any Bad Videos? 05:23 – Community Groups 05:42 – Recording Police is Important Also find our content on: Facebook.com/MatthewHarrisLaw Instagram - @Matthew_Harris_Law Google Maps – https://g.page/MatthewHarrisLaw Website - https://matthewharrislaw.com/ Links (in order): Rodney King Footage – https://www.youtube.com/watch?v=A9JiIdsjfjo&t=33s Eric Garner Footage – https://www.youtube.com/watch?v=De9gyfbdlv4&t=29s George Floyd Footage – https://www.youtube.com/watch?v=CEZh0C-pmaw Antonio Beuhler Arrest – https://www.youtube.com/watch?v=qIFItJeCM5c Flash your Headlights – https://www.youtube.com/watch?v=Sp9vscn8YJM Blog - https://matthewharrislaw.com/recording-police-a-guide-to-first-amendment/ Let’s face it, recording police has been a hot topic for many years. When recording police, you’re going to need to know your rights. In fact, you need to know your rights so well that you can’t be intimidated into giving them up with the threat of arrest and jail. Let’s brush up on some constitutional law before you head out on your first First Amendment Audit and start recording police. Why are you recording police? First off, not all police violate citizens’ rights. In fact, I know many police officers who are big First Amendment advocates and encourage citizens to record their interactions. The officers who do violate citizens’ rights may not even do it intentionally or with malice. However, the fact is that constitutional rights are violated on a daily basis. When someone alleges that an officer has violated their rights, unfortunately it usually comes down to the word of the citizen against the word of the officer. The easiest way to ensure that someone doesn’t twist the events is through the use of a video camera. Sure, police may have their own bodycams and dashcams, but you have NO idea how difficult it can be to obtain that footage when the Department wants to keep it hidden. Isn’t Recording Police Illegal? Short answer; NO! Regardless of what an officer tells you, recording police is not illegal while they are in public and performing their public duties. The U.S. Supreme Court had the opportunity in 2021 to affirm that this activity is protected by the First Amendment throughout the country, but it failed to do so. Instead, we’re left with a patchwork of lower Federal Circuit Court decisions and State laws and cases. Most clearly though, the Federal 5th Circuit Court of Appeals held, “…the principles underlying the First Amendment support the particular right to film the police.” And “Filming the police contributes to the public’s ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy.” —See Turner v. Lieutenant Driver, 848 F.3d 678, 688 (5th Cir. 2017) Therefore, recording police is an absolutely protected, and clearly established, right in at least Texas, Louisiana, and Mississippi. Also, the Department of Justice has issued guidance on police policies where the DOJ unequivocally declared that “individuals have a First Amendment right to record police officers.” –See Department of Justice Guidance Letter What this means to you is that it is a violation of your First Amendment Right if you are prevented from recording police while they are performing their official duties. Because you have the freedom of speech, you have to be able to collect information about what you want to speak on. Community Groups If you’re interested in connecting with others who also record police in the interest of protecting the public. There are many out there, for example: https://www.youtube.com/@PhotographyisNotaCrime https://www.youtube.com/@AuditTheAudit https://www.youtube.com/@flexyourrights These groups provide guidance on safe police encounters, and do NOT support harassment or interference of police in their duties. What About Interference with Police? The catch-all last resort of officers who don’t want you recording police, is to assert that you are “interfering” with their investigation and/or their official duties. Now, this is where a little common sense comes in handy. If you are recording police who are arresting a fellow citizen, then you should do so from a safe distance (across the street) and do not attempt to get an up-close video of the... Music provided via YouTube Studio Audio Library: Blackberry K Two – Squadda B BSC State of Mind – Squadda B Squadda B TV – Squadda B Travel Nonstop – Squadda B