Legal Question in Civil Rights Law in New York
What is the legality of videotaping (with audio) police officers arresting people on public property in New York state - outside of a bar for example? Is there a certain law or court case that sets a precedent for this being either illegal or legal and if so what is it?
1 Answer from Attorneys
In most circumstances, this is legal provided that you are not physically interfering with the duties of the officer. It can get tricky if law enforcement tells you to stop taping or to walk away, but generally you should obey the commands of a police officer making an arrest so as to avoid the perception that you are interfering with their performance.
Police have been known to charge bystanders with disorderly conduct when their conduct is perceived to be interfering with an arrest or investigation. However, in this day and age, most law enforcement personnel have been instructed not to interfere with bystanders videotaping their conduct in public areas.
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