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Are You Allowed to Film the Police in California?

Posted by Ronald D. Hedding, ESQ. | Oct 03, 2019

No law prevents people from filing a report with the police.  Obviously, as you've seen throughout the years, many police officers are caught on video doing illegal things, and a lot of time, a nice video is a defense attorney's best friend because that can be used to discredit the police if they're saying something that's not true that was actually captured on video.

While you have the right to film the police and document any illegal conduct, it's crucial to understand that interfering with an officer in the performance of their duty can lead to serious legal consequences. Any form of obstruction or interference could result in your arrest.  So, exercise your rights responsibly and without hindering the police's duties.

Where I have seen problems, though, is when somebody is being arrested, and they decide to film the police during an arrest, and that blocks the police from actually arresting them.  Now, they may get charged with Penal Code 148 - resisting arrest.

While filming the police is within your rights, it's equally crucial to respect their commands. Disregarding their instructions or interfering with their duties could lead to serious charges such as resisting arrest or obstruction of justice. Therefore, always be mindful of your actions when filming the police.

However, it's certainly okay to film the police, even if you're just a witness watching what's going on and seeing someone else being arrested by the police.  You could certainly film them.  So, you don't have any issues with filming the police.

You're only limited by not interfering with them while they're trying to do their job. A lot of times, the police will go too far and grab people who are trying to film them, claiming they're interfering with their job when they're really not. The police are often angry when a person is filming them or in their way, or they may be trying to cover up the fact that they're doing something illegal.

Video Evidence Can Be Crucial in a Criminal Case

Video evidence, whether from private citizens or police recordings, has been instrumental in uncovering the truth in many criminal cases. Your footage could be the key to revealing what really happened. So, if you find yourself in a situation where you need to defend your actions, remember that your video evidence can be a powerful tool, potentially turning the tide in your favor.

It can also help a defendant present their defense on video and corroborate some of the points they have been arguing, convey their version of events, and demonstrate that the police did not act appropriately in arresting the particular individual.

So, if you find yourself in a criminal case, armed with video evidence, and you're unsure how it will play out, it's crucial to set up a meeting with a criminal defense attorney.  I meet with people frequently and can provide the guidance you need.

When you have video evidence in a criminal case, it's crucial to understand its potential impact. This is where a criminal defense attorney can help. By analyzing the video and discussing its content, an attorney can provide a clear perspective on whether the video will be beneficial, detrimental, or inconsequential to your case.

About the Author

Ronald D. Hedding, ESQ.
Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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