Perhaps one of the biggest topics across the entire country today involves police brutality. Because of this, there are many states that require police officers to wear body cameras, as well as have dash cameras on in their vehicles at all times during any and all interactions with the public. These methods will help to show that officers are always acting appropriately.
In the state of Texas, in the event that the general public wishes to see footage from an officer’s body camera or dash camera, they are required to pay a fee. Because of this, members of the public have taken it upon themselves to record their own interactions with police if they encounter negative activity.
This has led to many people wondering whether or not it’s legal to record police officers in Texas. The best person to help with answering this question is an experienced attorney; however, there is some more useful information that you should take note of.
The simple answer is that in Texas, as well as a few other states, it is perfectly legal to record and photograph anything in a public place, as this is considered to be a constitutional right. Even though it’s legal to record police officers in Texas in a public place, an officer can legally request that someone recording should step away from a scene if they feel that that person is interfering with official business. If such a request is made, then whoever is recording the encounter will be required to comply.
Despite this kind of request, members of the public are also entitled to politely remind the officer of their constitutional rights, but only if they are asked to stop recording. Furthermore, an officer is never permitted to seize an individual’s recording device, nor can they tamper with recordings or photos that were taken. The only exception to this is if the officer has obtained a warrant to seize a recording device.
If an interaction involving a police officer takes place on private property, no recordings are permitted to be made by members of the public unless one of the parties involved is aware that they are being recorded. If something like this is done without consent being given, the offender can be charged with trespassing and could also be held liable for injury as part of a civil lawsuit. If someone wishes to record a police officer, then they must first wait until the officer is on public property rather than doing so on private property. They may also do so if someone involved in an incident has given someone permission for a recording to take place.
Hiring an experienced attorney is an important step to take regarding a case such as recording an encounter with a police officer. For instance, they can answer any questions that you may have regarding what rights you have in your capacity as a citizen and all of the legalities involving recording police officers.
Thank you for reading the legal news blog of The Law Office of Gabriella Young. Contacting an experienced attorney right when you are charged is incredibly important for the wellbeing of your case. We are an Austin, Travis County, and Williamson County criminal defense firm experienced possession, drug charges, and DWI cases. Our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!
Photo credit The Daily Dot.