In the wake of violent police assaults on totally inncocent and defenseless “Occupy” protestors, the topic of videotaping the police or others in public is highly relevent right now.  The whole issue boils down to the simple question – can private citizens videotape the police?

With cameras becoming smaller and smaller and the reality that most people have a high definition video recorder in their pockets on their smart phones, we as a society are able to videotape much more.  This technology has been a great resource for law enforcement, but recently, the cameras have been pointed at police.

American Bar Association Journal Article

As the above article describes, courts at the state and federal levels across the country are ruling against law enforcement who arrest people for videotaping the police.  These cases have involved people taping their own interactions with police as well as bystanders trying to document what they see as police abuse.

Though the Supreme Court has not yet addressed the issue, the First Amendment right is clear.  In the age of violent and militant police tactics including taser guns, military strength pepper spray and violent physical beatings, hopefully the presenece of video cameras will curb police violence and return law enforcement to a branch of governement that is serving the people.

If you have questions about your First Amendment right or video taping the police or you believe that the police have infringed upon this right please contact The Law Office of Adam T. Spicer today.  (530) 539-4130