As an attorney, I just want to add that if an officer says that filming/photography is interfering with law enforcement’s job, he legally can tell you to stop. I STRONGLY suggest that if you hear an officer say that you ARE interfering with law enforcement (phrasing that is the same/VERY close to that is important) that you stop filming. Otherwise, you can be arrested for obstruction of justice.
Further more, please do not goad the police officer during your filming. Stay silent, aside from the suggested talking points above.
i am taking virtually everything you say as gold lately, being an attorney and me not knowing nearly as much about the law during these troubling times.
Sure. This is ‘public knowledge’ since it is your 1st Amendment right; however it is incredibly important to know how to navigate that right without exacerbating the situation.
Moreover, know that you CAN publicly film. But if the cop says you are interfering with law enforcement (HOW you would be by silently filming, I don’t know, but if they say it they mean it) then you need to stop filming.
In regards to SECRETLY filming police officers, that matter is not settled across all jurisdictions, so unless you know that your state allows you to secretly film officers, DON’T. The 1st Amendment only covers public filming in a public sphere (like the side of the road) not private/secret tapings.
And of course, if you are arrested, request to speak with an attorney and say NOTHING ELSE. You would be AMAZED at the case studies that I have read where people think that after they say they want an attorney post-Miranda Rights, they just start TALKING “It wasn’t me, I don’t deserve this, fuck this shit” I mean literally SAY NOTHING. In a situation like that where your civil rights are being absolutely infringed on, I know it is VERY hard in the heat of the moment but it is VERY easy to be goaded by an officer into getting you to talk FURTHER and then before you know it, you’ve built a case against yourself and you didn’t even know it.