The smartphone and other compact recording devices make it simple for the public to record police activity during traffic stops. There have also been many instances of officers attempting to stop people from documenting their activity, causing many to ask: can you video a police officer at a traffic stop? The short answer is yes. The Constitution grants citizens the right to video police officers during traffic stops, barring that the recording does not interfere with officers carrying out their duties. To learn more about the right of citizens to video a police officer, contact an experienced lawyer at Hall & Lampros, LLP at 404-876-8100.
The Legal Right to Record Police Officers
State and Federal courts countrywide ruled that legislation and the Constitution of the United States give citizens the right to record police officers except for two circumstances. The person recording must ensure they are not hindering them from doing their job or recording the activity without the police officer’s knowledge.
Specifically, under the First Amendment of Georgia’s Constitution, residents have the legal right to record police officers during traffic stops and while they are in public performing their duties. The right to record police officers is vital in holding police officers and other government officials accountable while simultaneously informing the public.
The First Amendment Plays a Vital Role in Keeping the Public Informed
The United States’ Constitution also prohibits the government from passing laws to impede freedom of speech or the press. According to the website, FirstAmendmentWatch.org, the right to record police officers and other public officials carrying out their duties in public is paramount to freedom and justice. Without the right of citizens to record and document public officials and hold them accountable, the country would lack the necessary tools to keep the public safe and informed. A knowledgeable lawyer at Hall & Lampros can answer questions about freedom of speech, the right to video a police officer, and citizens’ rights to information.
Anderson vs. the City of Atlanta, Georgia
Georgia’s Constitution also regulates how police officers and officials can engage citizens while recording and handling videos and recording. As per court order, Anderson v. City of Atlanta, 11-CV-3398-SCJ, the operating procedure for Georgia police departments regarding citizens recording police officers includes the following:
- The First Amendment prohibits public officials from interfering with citizens’ right to record police officers.
- Police departments cannot purposely conceal or destroy recordings of activity during police stops.
- Public officials cannot intentionally delete or destroy documentation showing police officers’ “use of force” as described under Georgia public official Reporting Requirements.
The courts recognize the importance of allowing police officer recording, citing the First Amendment right to discuss the government freely. It further protects the right of public access to information and freedom of the press.
The Steps to Take if You Believe Police Officers Violated Your Rights
According to the ACLU, when an individual feels police officers violated their civil rights after recording them during a traffic stop, there are vital steps to take, including:
- Remain calm with their hands where the police officers can see them
- Never attempt to run away, resist arrest, or obstruct the police officers from completing the stop
- Get the police officer’s information, including their badge number
- Take down witness statements and their contact information
- If the officers used force and injured the individual, they should take pictures of the injuries and seek medical attention immediately
- File a complaint with the police department’s internal affairs division
A negative encounter with police officers can be traumatic, leaving a person in fear and suffering psychological damage. However, it is essential to remain calm and remember they have legal rights.
Schedule a Consultation with an Experienced Personal Injury Attorney
Police officers are public employees and are here to serve and protect citizens. Taxpayers fund police officers and other public officials’ salaries to uphold federal and state laws and regulations. Therefore, they do not have privacy rights while they are on duty. Civil rights laws could entitle you to compensation if you sustained injuries or losses while recording or taking a video of police officers. Police officer retaliation, use of force, arrest and detainment, or the illegal seizure of property could all be violations of the civil rights protections granted to U.S. citizens by the Constitution and federal law. If you need help with a case after sustaining damages while exercising your right to video of a police officer at a traffic stop, contact a compassionate lawyer at Hall & Lampros, LLP, at 404-876-8100.
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