![]() You have a right to capture images in public places, but you don't always have a right to record what people say. Using a Video Recorder (Including Cell Phones) With Audio Capacity California, in which the court held that police need a warrant to search a cellphone.) (Note: This section has been updated to reflect the June 2014 US Supreme Court decision in Riley v. In addition, it is possible that courts may approve the seizure of a camera in some circumstances if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves (it is unsettled whether they still need a warrant to view them). Police officers may not generally confiscate or demand to view your photographs or video or search the contents your cell phone without a warrant.If the officer says he/she will arrest you if you continue to use your camera, in most circumstances it is better to put the camera away and call the ACLU for help, rather than risking arrest.So if an officer orders you to stand back, do so. In general, a court will trust an officer's judgment about what is "interfering" more than yours. Police officers may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.Under no circumstances should they demand that you delete your photographs or video. Police should not order you to stop taking pictures or video.If you disobey property owners' rules, they can order you off their property (and have you arrested for trespassing if you do not comply). When you are on private property, the property owner sets the rules about the taking of photographs or videos.That includes pictures and videos of federal buildings, transportation facilities (including airports), and police officers. When in outdoor public spaces where you are legally present, you have the right to capture any image that is in plain view (see note below about sound recording). Your Right to Take Videos and Photographs ![]() Unfortunately, law enforcement officers often order people to stop taking photographs or video in public places, and sometimes harass, detain or even arrest people who use their cameras or cell phone recording devices in public. That includes federal buildings, transportation facilities, and police and other government officials carrying out their duties. Taking photographs and videos of things that are plainly visible from public spaces is your constitutional right. Please note that the PDF version has not yet been updated to reflect the fact that in June 2014, the US Supreme Court held that law enforcement cannot search a cellphone without a warrant (Riley v. ![]()
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