Yes, you can. It is your constitutional right.
You may see videos online of police officers telling people to put the camera down at traffic stops, public areas, or even on private property. You'll hear some of them say that it is illegal to film an officer on duty. As long as they are not interfering with police business, this is false.
General Rights
Under the First Amendment, you have the right to photograph and film anything that is in plain view in public spaces where you are lawfully present. This is actually an important aspect of keeping the government in check.
Under the First Amendment, you have the right to photograph and film anything that is in plain view in public spaces where you are lawfully present. This is actually an important aspect of keeping the government in check.
Confiscating & Deleting Material
A police officer cannot delete photographs or videos from your device, no matter the circumstance. They also cannot demand to view or confiscate your device without issuing a warrant, even if you are being arrested. So to be clear, if you are arrested by a police officer - whether it is at your home, after a traffic stop, or anywhere else - it is in right to detest a search and seizure of your device. If you are arrest for denying consent, know that they are performing an unlawful arrest (i.e. illegal).
The Fourth Amendment prohibits a police officer to search or take your device without probable cause. A warrant can then only be issued if a judge thinks there is probable cause that a crime was committed.
On the other hand, a police officer can confiscate your device if:
A police officer cannot delete photographs or videos from your device, no matter the circumstance. They also cannot demand to view or confiscate your device without issuing a warrant, even if you are being arrested. So to be clear, if you are arrested by a police officer - whether it is at your home, after a traffic stop, or anywhere else - it is in right to detest a search and seizure of your device. If you are arrest for denying consent, know that they are performing an unlawful arrest (i.e. illegal).
The Fourth Amendment prohibits a police officer to search or take your device without probable cause. A warrant can then only be issued if a judge thinks there is probable cause that a crime was committed.
On the other hand, a police officer can confiscate your device if:
- you were lawfully arrested
- there was evidence of a crime in plain view
- there was a high chance of evidence being destroyed
On Your Own Property
Your property. Your rules. Period. No one, including a police officer, can tell you to stop taking photographs or filming on your own property. On the contrary, if you are trespassing to take photos, you can absolutely be charged and arrested.
Your property. Your rules. Period. No one, including a police officer, can tell you to stop taking photographs or filming on your own property. On the contrary, if you are trespassing to take photos, you can absolutely be charged and arrested.
Interfering With Police Activity
If you are interfering with official police operations while taking photos or videos, a police officer can order to you to stop. Otherwise, they cannot stop you if you are standing far enough away as to not interfere with what they are doing.
If you are interfering with official police operations while taking photos or videos, a police officer can order to you to stop. Otherwise, they cannot stop you if you are standing far enough away as to not interfere with what they are doing.
Knowing the Law
Texas laws can be murky, and it’s oftentimes difficult to stand up for your rights when you’re under pressure. Jeff Brown will stand up for you. As a Fort Worth criminal attorney, Jeff knows the law and exactly how it can be used for your benefit or your detriment. Call Jeff today, and he’ll meet you up to chat.
Texas laws can be murky, and it’s oftentimes difficult to stand up for your rights when you’re under pressure. Jeff Brown will stand up for you. As a Fort Worth criminal attorney, Jeff knows the law and exactly how it can be used for your benefit or your detriment. Call Jeff today, and he’ll meet you up to chat.