Can I take an audio or video recording of the police if I get pulled over for DUI?

Can I take an audio or video recording of the police if I get pulled over for DUI?Many people are interested in recording their interactions with police, including when they get pulled over on suspicion of DUI. So many videos on YouTube, Reddit, and other popular sites include audio or video recordings of police interactions.

Why record the police

There are many reasons for wanting to record a police interaction. Some people think that it protects them from the police acting inappropriately because they’re being recorded. Some people use it as a tool to demand justice for police wrongdoing. Others simply want to have a concrete record of what occurred during an interaction with police, in case they need it as evidence if the need arises later in court. Others like to record everything in general, no matter what may be happening. Many people have various reasons for recording police interactions, which may be a combination of the reasons mentioned above and various other reasons.

Considering recording a police interaction

Whatever your reasons for wanting to record a police interaction, you should know what your rights are according to California state law. Federal laws about recording police interactions haven’t come into effect yet, so each state is on its own to decide what’s allowed in regards to this controversial topic. Privacy, public safety, freedom of speech, and many other factors combine to make this one of the most divisive issues in public discourse today.

California law about recording police

Current California laws allow for the recording of public police interactions only when the police officer is on duty. You may not interfere with official police duties while recording, so it’s important you don’t run at or stand really close to any police officers while recording.

Recording a DUI stop

If you’re pulled over on suspicion of DUI and you openly start an audio or video recording of the police, he or she will likely ask you to stop. Respectfully ask if your behavior is interfering with their work and if so, how they’d like you to adjust what you’re doing without turning off the recording.

How about a secret recording?

Secret recording is a lot more tricky, though many courts, even federal ones, have upheld the citizens’ right to secretly record police conduct. If you decide to secretly record the police interaction when pulled over on suspicion of DUI, but if the police officer finds out about it, he or she may get mad and may even arrest you on the spot.

What to do if you’re arrested

If you are arrested for secretly recording a police interaction or DUI, or both, contact Attorney Dan Chambers of the Chambers Law Firm ASAP. Don’t answer any questions or attempt to defend yourself on your own – just respectfully request a lawyer.

Call 714-760-4088, email dchambers@clfca.com, or use the chat box below to contact the Chambers Law Firm immediately.

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