When you’re out in public, you’re allowed to take photographs
and even video of things and even people that are out in the open (plainly
visible) – it’s a constitutional right. This includes taking
pics or videos of people, transportation facilities, the police and even
government officials while they’re carrying out their official duties.
Now that practically everyone seems to be carrying a smartphone around,
more (and more) people are capturing their encounters with the police
on video. Whether the recording is made with the purpose of creating a
viral YouTube video, or winning a criminal court case, something keeps
happening – law enforcement officers are often ordering citizens
to stop taking photographs and recordings in public places and many people
are being arrested after they fail to comply.
What Rights Do People Have to Take Pics or Video?
1.) If you’re in a public place and you’re lawfully allowed
to be there, you can take pictures or video of anything that is in plain view.
2.) If you’re on private property, you can’t necessarily take
photographs or video of what you want; you may need the property owner’s
consent before taking pics or video. If the property owner tells you not
to take pics or videos and you fail to comply, the property owner can
order you to leave their property and have you arrested for trespassing
if you don’t honor their wishes.
3.) As a general rule, the police cannot confiscate your smartphone or
demand to view your pics or video recordings without a warrant. If you
are arrested and the police take your phone, they may try to scrutinize
your phone. It is possible for the courts to approve the seizure of your
cellphone if there is probable cause that the phone contains valuable
evidence of a crime. Read more about cellphone searches
4.) Under no circumstances are the police to delete a photo or video recording
on your smartphone.
For further information regarding your rights to film the police in Orange
contact the Law Offices of Virginia L. Landry, Inc.!