Recording Police: What to Do When Police Demand You to Stop

Recently retired police officer William Norman Grigg once said, ldquo;There is no situation so bad that it cannot be made worse by the presence of police.rdquo; This quote aptly describes the tension often associated with recording police activities. While the right to record police interactions is generally protected by law, there are complications and nuances to be aware of.

Legal Context and Rights

Glik v. Cuniffe

The Supreme Court Case Glik v. Cuniffe (655 F.3d 78, 2011) established that the public's right to film law enforcement is protected under the First Amendment. According to this ruling, individuals have the constitutional right to capture what they see in public spaces without fear of retribution or legal action. However, caution is advised as the specific context and location can significantly impact the situation.

When Police Ask You to Stop Recording

If a police officer approaches you and demands that you stop recording, itrsquo;s essential to understand the reason behind their request. Here are some common scenarios and advised steps:

Crime Scene Investigation: If the recording in question is interfering with a crime scene investigation or putting victims at risk, the officer has the right to request you to stop. However, this is a rare occurrence, especially in public places where laws like Glik v. Cuniffe protect the right to record. Personal Privacy: If the recording involves a private conversation or involves someone elsersquo;s privacy, you should stop recording immediately. It is a breach of that individualrsquo;s rights to continue recording. No Interference: If the police are performing their duties and you are recording in a way that does not interfere with their activities, they cannot order you to stop. However, they may advise you to do so for your safety.

Strategies for Handling the Situation

What to Say

When a police officer demands you to stop recording, it's best to remain calm and professional. Here are some steps you can take:

Say a Definite NO: Politely but firmly, let the officer know, "I will continue to record as I have the right to do so." Record Their Name and Badge Number: Inform them of your intention to document the interaction. This can help ensure accountability and potentially protect your rights. Prime Them for Cooperation: Emphasize that you are not trying to interfere with their duties but instead recording responsibly.

By staying cool and informed, you can manage the situation gracefully while respecting the officerrsquo;s authority and safeguarding your own rights.

Historical Context

A significant example occurred when a police officer asked my cousin to stop recording a speeding violation several years ago. The driver was asserting his constitutional rights. My cousin, aware that the driver was employed, decided to record anyway to avoid issuing a ticket. As a result, he received a ticket himself for not stopping the recording. This situation highlights the complex dynamics and nuances of police recording.

Conclusion

The right to record police activities is a delicate balance between your constitutional rights and the officer's duty to maintain order and investigate incidents effectively. While Glik v. Cuniffe provides robust legal protection, itrsquo;s crucial to understand the context and the specific laws in your area. Always stay informed, stay calm, and stay safe.