With the growing prevalence of camcorders and cell phone video recorders, more civilians are shooting amateur video of police, and more police are getting into trouble for brutality, breeches of policy, illegal activity, excessive violence, unjustified use of weapons, intimidation, etc. Of course, law enforcement officers are getting increasingly sensitive about having their bad behavior captured on video, and they sometimes abuse their power to stop people from shooting video of police activity. Sometimes, police may seize cameras, intimidate camera operators, and even use physical violence to stop the video recordings.
Here is the deal. Generally, if police activity is going on in a public place and you are not interfering with that activity, the First Amendment gives you the right to capture that activity on video. Police can ask you to turn off your camera, but you generally do not have to turn off the camera if you prefer to continue recording. Also, provided you are not hindering an investigation, a policeman may not seize your camera.
Now, just because you have rights under the First Amendment, do not assume all cops will respect your rights. In fact, the cops who are probably the most shocking subjects to record are also the cops who are most likely to have a problem with being recorded. These cops may be prepared to go to great lengths to keep you from creating a permanent record of their behavior.
Well, if you want to record police, here are several methods and tips that will increase your chances of success and help protect your rights from police abuse. Before reading further, please understand that there may be laws specific to your local area that may place limits on your rights. Being aware of those laws will help keep you out of trouble and help you properly exercise your right to record the police in public. (Note: Some localities have specific laws about recording audio. Know these local laws.)
Buddy Method
Far and away, the best method for recording police is the buddy method. Using the buddy method, you record police however you desire (but without hindering official police work). Your buddy keeps a very low profile and shoots video from a distance through a zoom lens. You may choose to record audio with a backup source, such as a small pocket digital recorder. You may need the additional audio recording if your camera is forcibly taken, damaged, or voluntarily turned off due to police intimidation. Your buddy should be able to capture good video, but his audio will be very limited if he happens to be many yards from you while your rights are being violated by the police. The separate audio will become useful to accompany the long-distance footage shot by your buddy.
Candid Camera
There are many inexpensive tiny video cameras on the market. Some are small enough to conceal in clothing. If you want to get really serious about protecting your rights to record the police and your local laws allow hidden cameras, consider investing in one. If you are recording video on a hidden backup, you can turn off your visible camcorder whenever you choose without having to miss a moment of the action.
Innocent Bystander
Just because you want to record something, this does not mean you have to personally hold the camera. In many situations, you can start your camcorder, aim it, and conceal it in a bag, box, car, bushes, etc. You can simply linger in the area while your camcorder is capturing the action. Your camera may be capturing shocking video, but you will appear to be a casual bystander. When the event is over, casually retrieve your camera and head for home.
Bait and Switch
If you happen to catch some exceptionally interesting video, it would be a good idea to change videotapes or memory cards. If a cop illegally confiscates your camcorder, he may damage whatever tape or storage medium he finds inside. If you pocket the real tape in advance, the cop will destroy the dummy tape and assume he no longer has to worry about the evidence of his violations.
Red Light Stopper
Most videographers are not used to being in front of the camera, and they usually forget about something that everyone else notices. On many cameras, when the video camera is recording, a red light shines on the front of the camera. This red light makes people nervous, because it is a constant reminder that every moment is being captured forever. If you have a red recording light indicator on the front of your camcorder, deactivate it through the system menu, disconnect it, or simply cover it with a sticker or tiny piece of adhesive tape that matches the color of you camera's body. Electrical tape or duct tape will be adequate for most black or silver cameras.
Run Silent
Many camcorders beep when recording starts and stops. You can avoid drawing attention to your camcorder by turning off the beep function. Many cameras allow users to lower the volume of the beeps or turn the beeps off altogether.
Shoot from the Hip
When shooting video of a controversial event, avoid holding the camcorder up to your face. If you have a camera by your face, the subjects will be more aware that you are recording. Instead, make use of your camcorder's view screen and record casually from waist level or chest level. The less attention you draw to your camera, the more effective you will be as a videographer.
Safety in Numbers
If something exciting is going down, enlist the other random bystanders to shoot video. A lot of people have video-enabled cell phones. You can encourage them to shoot video as well. If the cops see one person shooting video, they may feel comfortable intimidating that one person. If the cops see multiple cameras, they might be more likely to behave themselves.
Be Smarter Than Your Smart Phone
Most smart phones have built-in video cameras. When shooting video with your phone, do not hold the phone at eye level in front of your face. Anyone within a hundred yards will know you are shooting video. To remain inconspicuous, hold the phone at chest level. Get your shot by watching the screen. Do not draw attention to yourself by looking directly at the action While you are shooting video, do something casual with your phone, such as pretending to type an email, browsing the Internet, talking on speaker phone, etc. If you do not look like a problem, you probably will not be treated like a problem.
You Have the Right to Remain Seated
For some reason, people tend not to notice seated people as easily as standing people. If you have the option of shooting good video from a sitting position, do so. If you can shoot video from within your own car, even better. If you shoot video with the windows up, you will lose a little image quality and have almost no audio, but you may be able to shoot video without drawing attention.
Inside Job
If you shoot video from inside of a building, your chances of being confronted get much lower. If you happen to own or rent that building, you have all sorts of legal protections. Even though you will lose much of the audio of the event, shooting video from inside may provide you with excellent vantage points, a great deal of privacy, and tremendous legal protection.
Closing Thoughts
Of course, you need to keep in mind that cops may become angry when being recorded on videotape and illegally use vicious force against you and your property. Additionally, you are fully responsible for being aware of all of your local laws and following them, but generally, you are allowed to peacefully record police who are operating in public as long as you do not obstruct their efforts.
Stand up for your First Amendment rights and use your camcorder legally against cops who break the law by abusing their power. You can do this, but just be smart about it. You may care about your rights, but the worst cops do not. Be careful, plan ahead just a little, and you might help get an abusive cop off the streets and create a better environment for the good cops who follow the rules and respect the rights of law-abiding civilians.
