Can I Tape Record an On-Duty Police Officer?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.