Is It Illegal to Film Police in North Carolina?

Police misconduct has made headlines in recent years, partly due to the rise of mobile technology. People can help hold officers who abuse their authority accountable by recording interactions and providing proof of misconduct. However, you might wonder if filming the police is illegal. Here is what the law has to say about filming police encounters – and how you can protect your rights. If you have any further questions, speak with a qualified Raleigh criminal defense attorney.

In North Carolina, Governor Pat McCrory signed a law that restricts public access to dash cams and police body cams. This makes cell phone footage an important aspect of keeping the public informed of police activity. The public has the right to film the police, and it would be unconstitutional for lawmakers to take this right away. When filming the police:

• You have the legal right to film anything within plain view in a public space. This also applies to federal buildings, police stations, and other public areas. You cannot, however, interfere with law enforcement activity while filming.
• Police officers may not confiscate or demand a viewing of your digital viewing unless they have a warrant to do so. You enjoy this right under the Fourth Amendment against unreasonable search and seizure. Police officers also cannot delete your photos or videos for any reason.

The Importance of Knowing Your Rights

A North Carolina attorney became the centerpiece of this debate in February of 2017 when he was pulled over while working as an Uber driver to make some extra cash. Since he was a criminal defense attorney, he switched on his camera to avoid any confusion. The police officer asked him to switch the camera off, citing a “new law” and threatening to send him to jail if he didn’t comply.

The Wilmington Police Department later confirmed that citizens can and should record police interactions to protect their rights. While the Uber driver and his passenger both left unharmed and uncharged, this highlights the importance of knowing your right to record.

What to Do If Police Want to Seize Your Footage

If a police officer asks you to stop recording an interaction, or demands to see your phone, take the following steps:

• React with respect, not anger. Never physically resist a police officer.
• Ask a simple question: “Can I go?” If an officer says no, then they’re unlawfully detaining you, as long as they don’t have a reasonable suspicion that you’re about to commit a crime. Stopping you is considered lawful until you ask to leave.
• If a police officer is detaining you, ask what crime they suspect you’re committing, and tell them that taking photos and videos of a public space and in plain sight is your protected right under the First Amendment. It is not a reasonable suspicion of criminal activity, and cannot be treated as such.

In most situations, an officer is likely trying to intimidate you and stop you from collecting or disseminating any information regarding their activity. However, if you make it clear that you know your protected constitutional rights and won’t be easily intimidated, they will most likely back down.

In other cases, officers might be familiar with the idea that bystanders know their right to film the police, so they’ll use a different tactic. Rather than saying that they cannot record at all, police officers might say that they are interfering with a police investigation. If this is the case, you don’t need to stop filming – simply take a step back.

Officers risk their lives to protect us and serve public safety. However, they should also be accountable for their misconduct. Filming police encounters can be a good way to protect your rights and avoid confusion during a stop – and it’s your constitutionally guaranteed right to do so.