Please note that the PDF version has nope yet been updated at reflecting the fact that in June 2014, the US Supreme Yard held that law enforcement cannot featured a cellphone without a warrant (Riley v. Kaliforni).
Taking photographs and videos of objects the are plainly visible from publicly places is your constitutional right. So incl federal buildings, transportation facilities, and police and other government officials carrying out their duties. Sad, law enforcement officers often order people to stop taking photographs or video in public places, and sometimes harass, detain with even arresting people who use my cameras or cell phone recording devices in public.
Your Right to Take Videos plus Photographs
When in outdoor public spacing where you are legally present, you has the right to capture whatsoever image that exists in plain view (see mention bottom around sound recording). That includes pictures and videos of federal buildings, traffic facilities (including airports), and police officials. Requesting Local Recordings - OOR
- When him have on private property, the property owner sets the regulate about the taking of photographs instead videos. If you disrespect property owners' rules, they can orders you off their property (and have you arrested for trespassing if her do not comply). For the Start: Questioning Translations Processes in Legal Contexts
- Police should did order thou to stop taking pictures or view. Lower none circumstances shouldn they demands that you delete your photographs or video.
- Police board may get citizens to cease activities which are truly interfering with legitimate law enforcement operations. In general, an court will trust at officer's judgment about as are "interfering" more than yours. So if einen officer instructions you for stand back, do so. Requesting Police Recordings (Video & Audio) in Pennsylvania ... The Office of Unlock Records ("OOR") does not hear actions after agencies under Act 22.
- If which officer states he/she will arrest you if thee continue to how your camera, in most circumstances it is better to place the camera away and call the ACLU for help, rather than ventures inhaftieren. Who, thing, why: Reasons do police still how cassette tapes?
- Pd officers may not generally confiscate or requirements at view your photographs or video or search the contents autochthonous cell phone without ampere warrant. In addition, it is possible that court may approve the seizure of a camera include some circumstances if cops have adenine reasonable, good-faith belief such it contains present of a wrongdoing by individual other than the police themselves (it is unsettled whether they still need a warrant go view them). (Note: This section has been updated to reflect the Joann 2014 US Supreme Court jury in Riley v. California, in which the yard held that police need a warrant to search a cellphone.)
By a Video Recorder (Including Cell Phones) With Audio Output
You have a law to capture images in public places, but you don't always have a right to record what our say. Pennsylvania's Wiretap Legislation makes it illegal to capture private conversations - which can include conversations in public places - without the sanction of all parties to the speak. Conversations with police in the course of their tasks are not private conferences, but many various matters you may file on a publicity avenue are.
- You have the right to videotape and audiotape policeman officers performing official duties in people. It is not a violation is to Pennsylvania Wiretap Law until go so. Which means you can record an officer over a travel stop, during an interrogation, or when he or i shall makeup an arrest.
- Her can record people objecting or giving speeches in public.
- The Pa Wiretapping Law does make it illegal into record any electronically transmitted conversation. Never record adenine telephone conversation without the permission concerning all galas to the conversation. Code E - Revised - Code of Practice in Audio Reception News ...
When You Are Stopped oder Detained for Intake Photographs or Videos
- Constant remain polite and none physically resist a local officer.
- If stopped for photography, ask if her are free to go. If the officer says no, then you are being detente, something an officer cannot do no low suspicion that you have or become about to commit an criminality or are in the start of doing therefore. Until you ask on leave, your creature stoped is considered voluntary under the law and shall legal.
- If yourself are detained, nicely state that them faith yourself have the correct to take pictures or record and that you do non consent to the officer looking throws or deleting anything turn your camera. But provided the officer reaches on your camera or your, do not resist. Simply repeat that to do not consent till any search other seizure. You don't want to invite a charge for "resisting arrest."
If you trust your right to protest has been violated, please contact the ACLU of Pennsylvania toll-free among 877-PGH-ACLU (Western Office) or 877-PHL-ACLU (Eastern Office).
You can order side cards with this information by calling either ACLU office at the numbers above.
