Reports of police misconduct have convinced some residents that their best weapon to prove that police acted inappropriately is their smartphones with video capabilities. If you see something happening, you can record it, making it virtually impossible for the police to question or deny your version of events. In these situations, it is illegal for the police officer to try to take the person`s phone, watch videos or photos they have taken, or manipulate them in any way. To do so, they would need an arrest warrant. It is always important for citizens to understand that if they are recording a situation and a police officer asks them to move away from the crime scene, they should do so. However, if the police officer is on someone else`s private property, it becomes illegal under Michigan`s wiretap law to record that activity. In recent years, cell phone videos have become a fairly common and very powerful tool for proving allegations of police misconduct. Everything that happens during an altercation between the police and a civilian is recorded and everyone can see what really happened. While it is unreasonable for police officers to expect privacy in a crowded bus station, they can expect privacy to remain on someone`s private property. And they can even expect privacy in a public park when there are few people around. Michigan`s admission laws revolve around privacy. Citizens who wish to accommodate a police officer must first consider the circumstances and determine whether or not the police officer has a reasonable expectation of privacy. In recent years, mobile phone video has become a common tool for proving or refuting allegations of police misconduct, but citizens may not know their rights when filming.

Civil rights when filming police officers is a topic Krause-Phelan is often asked about these days. However, the issue becomes more complicated — the safety of officials versus the rights of First Amendment citizens — when police are filmed working undercover. Michael J. Steinberg, legal director of the American Civil Liberties Union of Michigan, said police are free to ask the public to remove videos, but if the person refuses, it would be “unconstitutional for police to punish a person for exercising their First Amendment rights.” Recent stories of police misconduct have led many citizens to record police activity. They often do this to prove that the officer acted inappropriately. But is it legal? We are happy to advise you free of charge and answer your questions. Call us today at 1-800-961-8477. Christopher Trainer & Associates will advise you on what to do to get compensation after a horrific experience with a police officer. However, keep in mind that the police may order you to stop doing what you are doing if you are lawfully intervening in law enforcement activities, and your right to photograph does not give you the right to violate laws such as trespassing. In most cases, police cannot reasonably expect their interactions with the public to be private. They are usually in a public place to direct traffic, make arrests or conduct other police activities.

Since there is no reasonable expectation of privacy in these cases, a person can legally register the policy even if they have nothing to do with the interaction. The recording of a police officer in public would fall under the Michigan wiretapping law discussed above. The key word in the Interception Act is “private.” In most cases, law enforcement officials do not expect their interactions with members of the public to be private. Most interactions with law enforcement officers occur when an arrest is made, a ticket is issued, or any other action is taken in public by law enforcement agencies. Since a police officer cannot have a reasonable expectation of privacy in these cases, it is legal for a person to register the policy even if the person has no connection to what the police officer is doing. Right! If you`re on public property and filming people in public, even a police officer, your actions are protected by the First Amendment. Yet many police officers are not aware of this constitutional right. Or simply decided to ignore it.

But in many cases, citizens don`t know what their rights are when it comes to filming law enforcement. There have been cases where police have asked passers-by to turn off their videos – but is it legal? Michigan law clearly states that eavesdropping is illegal if it violates an individual`s expectation of privacy. It is illegal, intentionally or maliciously to listen with an electronic device such as a smartphone. Secret recording of activities or conversations is a crime that can carry a two-year prison sentence. The Detroit Police Department has opened an investigation into the arrest of the photographer and the deletion of her images. Hopefully, this unfortunate incident will not only raise awareness of the rights we all have to monitor police in public, but will also lead to increased police training on First Amendment-protected activities. The penalty for illegal registration of a police officer is up to two years in jail and a $1,000 fine. A conviction for illegally registering a police officer and a political figure is a crime. Many courts have ruled that the First Amendment guarantees the right to photograph and film police and other officials in public spaces. Since the police have no reasonable expectation of privacy in these moments, it is legal for individuals to register the police in these cases. We`ve seen it so many times on television.

An argument begins between a police officer and a potential suspect, and passers-by with cell phone cameras quickly begin filming everything that happens between the officer and the person they are interviewing. Depending on what happens next, these videos could end up on the evening news. If you decide to record an encounter with the police, the most important thing to consider is your safety. After that, Jaicomo said, there are other points to consider here: But is it legal to catch the police? While the short answer is yes, it helps to understand some nuances of the law. These situations usually include video recording or recording of a police officer dealing with a member of the public. And that would fall under Michigan`s wiretapping law.