Let’s face it: smartphones are everywhere, and capturing moments as they unfold has become almost automatic. And while the quick reach for the record button might be a relatively new phenomenon thanks to advances in technology, this convenience has emerged as a potent tool, especially in interactions with law enforcement.
For a long time, the narratives of police encounters heavily relied on officers’ accounts or official reports. But times are changing. A growing call for transparency and accountability from the police is louder than ever.
At LHA, our Columbus defense attorneys are at the forefront of advocating for these changes. In this article, we’ll clarify what Ohio law says about recording police activities, whether you’re involved in a traffic stop, witnessing an arrest, or just observing the police at work. We’ll also explore how tools like the “I’m Getting Pulled Over” app and accessing police bodycam footage can empower you to protect your rights and contribute to the broader push for justice.
Your Right to Record the Police in Ohio
In Ohio, the right to record police in public places is grounded in state and federal law, particularly under the provisions of the First Amendment.
When Can You Record the Police?
The Ohio State Bar Association emphasizes that recording these interactions is legally permissible as long as an individual does not interfere with an officer’s ability to perform their duties. This means you can film police activities without fear of violating the law, provided you maintain a safe distance and do not obstruct justice.
What’s Considered Interference?
Interference can sometimes be a gray area, so using common sense and respecting boundaries is important. For instance, shouting or physically getting in the way could be seen as obstructive, but quietly filming from a distance is typically acceptable. It’s about balancing your rights with the practical aspects of law enforcement operations.
Recording Public Servants in Public Settings
Various court decisions across the United States support the protection to record police activities in public spaces. The First Amendment grants individuals the freedom to gather information about what public servants do on public property, which has been upheld in numerous rulings. For example, courts have consistently recognized that the public has a right to see and hear what public officials do, especially in public settings.
Significant cases such as Glik v. Cunniffe and Smith v. City of Cumming affirm that citizens have a constitutional right to record police when they are performing their duties in public. These precedents reinforce our understanding of these rights and ensure that law enforcement officers are aware that being filmed in public is a part of their accountability.
Understanding these rights and their legal backing is crucial not only for asserting oneself during interactions with law enforcement but also in contributing to the broader push for a transparent and accountable policing system. With this knowledge, individuals are better equipped to navigate these interactions, ensuring they can protect their rights while contributing to the civic responsibility of maintaining justice and accountability.
When Can I Record the Police? Common Situations
Understanding the distinctions between who is a suspect, person of interest, and bystander is crucial when recording police activities, as the rights and limitations for each category can vary significantly.
Are You a Suspect?
These individuals are directly involved in an investigation and may be under detention or arrest. While suspects have the right to record their interactions with police, the immediate circumstances of their involvement can complicate this. Suspects need to understand that their ability to record can be restricted if it interferes with police operations or if they are in custody, where personal property such as cell phones may be seized.
Let’s say you’re pulled over for a traffic violation, and you begin recording the interaction on your phone. As a suspect, you’re within your rights to document the encounter, provided the recording doesn’t obstruct the police officer’s ability to perform their duties. For example, holding your phone up to record while the officer is explaining or issuing a citation is generally acceptable as long as the device does not physically impede the officer’s actions or verbal communication.
Are You a Person of Interest?
Though not directly accused, these individuals are considered relevant to an investigation. Persons of interest should be cautious when recording, making sure not to obstruct justice or engage in actions that might shift their status to that of a suspect.
Imagine you’re near a scene being investigated because someone you know was accused of assault. You start recording to document what’s happening around you. As a person of interest, it’s critical to record discreetly without appearing to manipulate or disrupt the ongoing investigation. Keep a low profile and ensure your recording device is not visible in a way that might suggest you are trying to capture confidential information or influence the proceedings.
Can Bystanders Record Cops?
Generally, bystanders have the most freedom to record police activities. They can film if they do not interfere with official police duties and maintain a safe distance. Bystanders should remain passive observers to ensure their actions are protected under legal rights to record in public.
Now, suppose you witness the police arresting someone for theft in a public park. As a bystander, you have the most freedom to record the event. You can safely film from a distance, ensuring you do not enter the immediate area where the police are operating. This approach helps you avoid any accusations of interference and makes it clear that you are merely observing and recording without disrupting the official duties being performed by the police.
These roles delineate each group’s boundaries and responsibilities in recording law enforcement, providing clarity on when and how recording devices can legally be used during police interactions.
The Guidelines for Recording the Police in Ohio
Recording police activities involves more than just knowing you can; it’s about doing it responsibly to ensure the safety and legality of the recording.
- Best Practices: Always maintain a reasonable distance from the ongoing police activity to avoid any accusation of interference. Use landscape mode to capture a wider field of view, ensuring more context is recorded.
- What to Say and Not to Say: Do not verbally interact with the officers or the subjects of the police activity while recording. If spoken to by a police officer, calmly acknowledge that you are exercising your right to record in public, but otherwise, try to remain silent and non-confrontational.
- Asserting Your Rights: If confronted by police, politely but firmly state that you can record in public spaces as long as you do not interfere with their duties. If an officer orders you to stop recording, ask if you are being detained and on what grounds. If not detained, you may continue recording, understanding the risks involved.
These guidelines should help you safely and effectively record police activities without escalating the situation or jeopardizing your legal rights. Being informed and prepared can make all the difference in ensuring that these recordings contribute positively to transparency and accountability.
What Are the Limits to Recording the Police?
While recording police interactions is generally protected, there are scenarios where such actions can be legally challenged. It’s important to understand these nuances to avoid potential legal issues.
- Reasonable Expectation of Privacy: This principle is crucial when considering where and how to record. While public places typically do not carry an expectation of privacy, private settings do. For instance, recording inside someone’s home or a private business during a police operation without consent could violate privacy laws, potentially making the recording illegal.
- Conflicting State Laws: While federal guidelines provide broad protections, state or local laws might impose additional restrictions. Always be aware of specific Ohio laws that might affect recording practices.
The Admissibility of Police Recordings in Court
The admissibility of recordings in legal proceedings is another critical aspect to consider. Not all recordings that capture police activities can be used in court; several factors influence their legal acceptability.
- Authenticity and Integrity: For a recording to be admissible, it must be demonstrably free from tampering. The recording must clearly show its creation process and chain of custody to be considered reliable evidence.
- Relevance to the Case: The recording must be directly relevant to the legal issues. Irrelevant recordings, even if they depict police activity, may not be admitted into evidence.
- Legal Compliance: Recordings obtained through illegal means, such as violating the reasonable expectation of privacy, will likely be rejected by the court.
What About Police Body Cams & Can People Use Apps to Record?
Technology is crucial in ensuring transparency and accountability in law enforcement interactions. Apps like the “I’m Getting Pulled Over” are designed to aid individuals during traffic stops. This app automatically activates recording and alerts a pre-selected contact, ensuring the encounter is documented without manual intervention providing a reliable witness in stressful situations.
Additionally, obtaining bodycam footage is a viable method for verifying accounts of police interactions, particularly in cases involving charges like Operating a Vehicle Impaired (OVI). In Ohio, you can request this footage through a public records request, which should be submitted in writing and include specifics such as the incident’s date, time, and location.
Know Your Rights & the Power of Recording
Understanding your rights regarding the ability to record police interactions is more than just a matter of legal awareness—it’s a fundamental aspect of civic engagement and personal security. Recordings are crucial in promoting transparency and accountability in law enforcement, providing undeniable evidence that can influence public perception and legal outcomes.
If you are unsure about your rights or are charged with a crime related to recording police interactions, it’s essential to seek legal advice. With decades of experience, a history of advocacy, and free initial consultations, contact LHA to protect your rights.
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