It’s no secret that cell phones are basically ubiquitous these days. People use them for everything from ordering fast food, conducting banking transactions, buying birthday presents, paying electricity bills, and so much more. Most of us always have our cell phones tucked into our jeans’ back pocket or purse—always within arm’s reach—and naturally turn to our cell phones anytime something exciting, interesting, or even scary happens.
Getting pulled over for DUI is one of those situations where you can feel really vulnerable, with the police officer asking you all kinds of questions and you’re not sure exactly what to do to get yourself out of this predicament. For some helpful advice about what to do if you get pulled over for DUI, click here.
Now on to our most pressing question for today:
Can I record my interaction with the police if I’m pulled over for DUI in California?
This is a very important question to be sure you know the answer to. The police officer will, more than likely, try to get you to turn the recording device off, but do you have to follow his or her request to do so according to California law?
Laws about recording the police vary from state to state, with some banning the practice outright. But in California, here are the rules about recording the police:
You can openly record police words and actions in public.
The police officer must be on duty and you can’t interfere with official police duties. To avoid getting charged with obstructing or delaying police work, make sure you don’t run at or stand really close to the police officer you’re filming. Respectfully ask if your behavior is interfering with their work and if so, how they would like you to modify what you’re doing. Oblige as long as you don’t have to turn off the recording.
What about secret recordings?
Many courts, including federal courts, have upheld the citizens’ right secretly record police conduct, but the law is still rather iffy on this matter. Secretly recording could be risky depending on who hears your case in court.
You may not record private police interactions or conversations that you aren’t a part of without receiving consent. You may not record police interactions without consent if the officer is off duty during the recording.
If you do decide to secretly record the police interaction, if the police officer discovers that you are recording, he or she may become hostile and may even arrest you. Southern California’s top criminal defense attorney, Dan Chambers of the Chambers Law Firm, recommends declining to answer any questions before consulting with a lawyer. As soon as you are able, call Dan Chambers at 714-760-4088 for a free initial consultation.
He has worked on many criminal defense cases, and he knows all the ins-and-outs about California recording and police laws. He will craft the best possible defense for whatever situation arises and make sure your rights are soundly defended.
Contact info
Anytime you need legal help in California, Dan Chambers is the best choice for a criminal defense attorney. He specializes in DUI cases, and he has successfully defended many people from DUI charges. Trust him with your case—you definitely won’t regret it. Call 714-760-4088, email dchambers@clfca.com, or click Contact above to schedule a free initial consultation today
