Hey guys!

 

A recent question popped into my mind.. Can police officers record themselves pulling people over and patrolling with their own personal camera?

 

I was just curious.

 

Thanks

 

Jake

I don't see why they would need too. A lot of departments have camera's in their cars and a few departments here and there have shoulder or chest cameras. But maybe if the department is a lower budget or less developed area, the officer might feel like recording for evidence purposes.

I wouldn't be surprised if they could not. I can see the public getting very pissy over that sort of things, "violation of rights" or something...

I wouldn't be surprised if they could not.

The officer's personal camera or the department's camera?

The officer's personal camera or the department's camera?

 

Personal.

I think they could, but there's no point really. I think i saw one stupid cop block video once, where the officer began to record the cop-blocker with his own phone. So yeah, you probably can, but its kinda pointless with body cams and dash cams

Personal.

Oh ok, but are the cameras supplied by the department protected from that thing. Like why would they feel like a personal camera is a violation of rights if they know(most likely) that they are being recorded on the dash cam

Oh ok, but are the cameras supplied by the department protected from that thing. Like why would they feel like a personal camera is a violation of rights if they know(most likely) that they are being recorded on the dash cam

 

Well, I know American's get defensive over their rights (not all). Here in the UK, as far as I know, it's illegal to record or photograph someone without their consent and over 18, so I could see where the problem would arise.

The only reason I could see for doing this, was to mount a GoPro on the rambar or something, facing the traffic behind him. The cameras in the car only seem to get what is happening in the front and not the back. 

 

If I were an officer I would mount a GoPro (If I could) on the corner of the rambar to record anything behind me. 

It all depends on the state.

 

50 states, 50 different laws.

 

As a general answer, yes. Even if its on a personal camera, if the recording was done for lawful purposes during an official action, most case law that I'm aware of says that peace officers can video and or audio record anything they want. Dash camera, body camera, etc. The biggest issue is the right to privacy, but courts have ruled numerous times that when you're interacting with a police officer, anything you say or do can be used against you in a court of law and a police officers testimony is considered to be credible beyond reproach without sufficient evidence to the contrary.

 

Basically, the case law I'm familiar with says that you have no reasonable expectation of privacy when interacting with a police officer, so there is no violation of your rights if the officer is recording, even with a personal camera.

You see all of these people recording law enforcement officers I would not see a reason why they could not do the same. Officers are still citizens just like all of the people that record them, so I do not see why their rights would be any different. I may be wrong, but I am just throwing that out there.

If it's now a crime, then it's ok! Nuff said

Short answer is no, not because if civil rights violations or anything like that but, because of department policy. The department would be responsible for storing the footage shot at the car stops so if it needs to be used in a court case as evidence and they would not want you using your own camera.

We've been told that we shouldn't record using any personal devices without prior permission and approval. The recordings also have to be reviewed before being uploaded to anything.

 

Of course, it's different for each department, but usually it would be a no- mainly because of the confidentially of the people being filmed. It's likely that they will expose personal details eg. licenses, NINs, Credit/Debit cards, DoBs and so on which shouldn't go on Youtube or anything in the public domain.

If it's now a crime, then it's ok! Nuff said

 

Wrong. Although it may not be a crime, it could still violate the Law Enforcement Agencies policies. 

Wrong. Although it may not be a crime, it could still violate the Law Enforcement Agencies policies. 

 

I know some don't state the rule, but a lot of departments just created the rule as well.

It all depends on the state.

 

50 states, 50 different laws.

 

As a general answer, yes. Even if its on a personal camera, if the recording was done for lawful purposes during an official action, most case law that I'm aware of says that peace officers can video and or audio record anything they want. Dash camera, body camera, etc. The biggest issue is the right to privacy, but courts have ruled numerous times that when you're interacting with a police officer, anything you say or do can be used against you in a court of law and a police officers testimony is considered to be credible beyond reproach without sufficient evidence to the contrary.

 

Basically, the case law I'm familiar with says that you have no reasonable expectation of privacy when interacting with a police officer, so there is no violation of your rights if the officer is recording, even with a personal camera.

What if this officer posted these videos on Youtube?

Edited August 7, 201411 yr by DeputyJake

What if this officer posted these videos on Youtube?

 

That could be a violation of department policy, and possibly the law in some states.

 

Again, it all depends on the state and the legal precedent in that state.

 

I know some places say that the lack of a "reasonable expectation of privacy" that I described in my earlier post would not be a violation of privacy law for an officer to record you, however, it may be a violation of privacy law for him to use that recording outside official duties (presenting it as evidence in court).

 

Think of it like a drive through liquor store (For those outside the US or not familiar with these stores, yes, they do exist). Some people always make comments about, "How can that be legal". Well, it's not against the law to have an alcohol container in a vehicle. But it IS against the law to have an OPEN alcohol container in a car, or to operate a car under the influence of alcohol. So as long as you buy a sealed container while you're sober, and keep the container sealed until you get home, it's legal.

 

It may not be illegal for an officer to record someone with a personal camera, but it may be illegal for him to USE that video under certain circumstances. And again, that doesn't say that the department will allow personal cameras to be used.

That could be a violation of department policy, and possibly the law in some states.

 

Again, it all depends on the state and the legal precedent in that state.

 

I know some places say that the lack of a "reasonable expectation of privacy" that I described in my earlier post would not be a violation of privacy law for an officer to record you, however, it may be a violation of privacy law for him to use that recording outside official duties (presenting it as evidence in court).

 

Think of it like a drive through liquor store (For those outside the US or not familiar with these stores, yes, they do exist). Some people always make comments about, "How can that be legal". Well, it's not against the law to have an alcohol container in a vehicle. But it IS against the law to have an OPEN alcohol container in a car, or to operate a car under the influence of alcohol. So as long as you buy a sealed container while you're sober, and keep the container sealed until you get home, it's legal.

 

It may not be illegal for an officer to record someone with a personal camera, but it may be illegal for him to USE that video under certain circumstances. And again, that doesn't say that the department will allow personal cameras to be used.

Great explanation. Thanks dude! :)

I am a law enforcement officer in Ohio and one of our former officers is the subject of a federal investigation for recording suspects using a personal camera while he was on duty.  The answer to your question: there is really no reason for an officer to use his or her personal camera in the line of duty.  Most (if not all) PDs have digital cameras in stock at the station for officers to use, should they need to use one.  An officer using a personal camera on duty opens the department to a lawsuit waiting to happen.