How Bystanders Can Legally Record Police Without Interfering
Cell phone footage has become a powerful tool in exposing police misconduct and protecting civil rights. Many high-profile cases have come to light only because a bystander chose to record a police interaction.
Yet in Maryland, as in many states, there are limits on how and when you can film law enforcement officers. Understanding your rights (and your responsibilities) can empower you to help ensure accountability while staying on the right side of the law. If you have footage that could prove someone in law enforcement behaved inappropriately, share your story with a Baltimore police misconduct lawyer.
Yes, You Have the Right to Record
Under the First Amendment, individuals have the right to record public officials in public places as long as they are not interfering with official duties. Maryland law does not prohibit filming police, and courts have recognized that recording public servants in public spaces is a protected form of free expression.
This means that if you witness a police stop, arrest, or use of force, you can legally record the event as long as you do not obstruct or interfere with the officers’ work. The key limitation on your right to record is the concept of interference. If an officer believes your actions are actively disrupting their duties, they may instruct you to move back or stop interfering.
Some actions that could be considered interference include:
- Physically approaching too closely
- Shouting at officers or otherwise distracting them
- Refusing to comply with lawful orders to step back
- Placing your phone or body between officers and the individual they are engaging with
To stay on the safe side, maintain a reasonable distance, and avoid inserting yourself into the interaction.
Tips for Recording Police Legally and Safely
If you want to record police activity, there are several practical ways to do so without violating the law or escalating the situation. For one, always keep a safe distance. Use your phone’s zoom function if necessary, but do not get in the way.
Clearly hold your phone in plain view and let it be known that you are recording is key as well. Avoid hiding your device, as Maryland is a two-party consent state for audio recordings. To protect your footage, save and back it up as soon as possible. Use cloud storage or send a copy to someone you trust in case your phone is lost, seized, or damaged.
Should an officer tell you to stop recording or attempt to take your phone, remain respectful but firm. Do not resist physically. If your phone is seized or deleted, that may be a violation of your constitutional rights, and you should speak with an attorney.
Being a bystander does not make you powerless. In fact, by legally recording police encounters, you may help protect someone’s rights. If you believe you witnessed misconduct, a Baltimore police misconduct lawyer can help submit that evidence appropriately.
Have you captured important footage? Your eyes and your camera can make a difference.Talk to the attorneys at Iamele & Iamele, LLP. To know your rights, contact us to book a confidential appointment.
