Legal Question in Civil Rights Law in California

Can I record a police officer when pulled over?

The local police dept. has pulled me over once, and just stopped and come

up to me twice while sitting infront of my buddies house in the last month.

About 6 years ago I used to smoke marijuana at my friens house, so they

know who I am (I was never arrested for the marijuana or anything else). The

big thing is lately when they stop me they always start threatining me and

saying theyre going to take me in for no reason. When I say FOR WHAT or I try

and tell them I have the freedom of speech when they tell me to shut up, etc

etc, they always say they same thing I HAVE THE PEN I RIGHT DOWN WHAT

HAPPENS AND WHAT HAPPEND. I was wondering if I can keep a tape recorder

on me and record these conversation, even if I have to tell them I am

recording. Also they same thing for video, just incase. Lastly if I can record

can I legaly use the recordings to make a documentary on bad cops?Thank

You


Asked on 3/20/05, 10:38 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can I record a police officer when pulled over?

They are recording you every time they pull you over, believe you me. You certainly have every right to record them (but I would install a recorder in the car in such a way that they can't see it). It is also lawful to videotape police officers performing their duties, and I would be the first to help you make your documentary. On the other hand, if they were to shoot you dead for no reason, you would be dead, and they would beat back your mother's lawsuit and probably totally get away with it. I would not start up with them about your rights. If you are pulled over say yes sir, no sir, and do not say anything except "I respectfully decline to make a statement" and "May I call my lawyer?" If you use marijuana it would behoove you not to keep any in your car, and get a medical recommendation if you qualify for one. But do not tell a police officer in Orange County, California that you use marijuana medically, or they will go totally ballistic.

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Answered on 3/29/05, 4:31 pm


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