Quote:
Originally Posted by dds007
What do you think about visibly using your phone to record encounters with the police?
Is it the appropriate course of action or are you just asking for trouble?
|
That's an EXCELLENT Question! Now I have to caveat by saying I'm only licensed in DC & VA; and every state have (and sometimes towns and counties) are all very different laws about this.
Quick answer: "It Depends".
Short answer: First, for VA it's allowed but not recommended. Second for DC, it's not allowed. In VIRGINIA, almost all cops have dash cam and body cams. In DC, most don't have dash cams, but they are all starting to have body cams. Upon request, defense lawyers can get copies of all these available.
Longer Version: For "visibly" recording with your phone, I'd say the typical lawyer answer : "it depends". What do you hope to accomplish?
Anything you say or do will be admitted as evidence by the cop in a court of law. To object, contradict, or fight those statements; you will need to provide evidence. This is almost always done by the "best evidence method" which means you have to testify in court under oath. This is usually not advisable for criminal defendants.
Even if you have a recording, in order to introduce it in court, you again need to take the stand and testify that you took the video. And even then you need to cross the high bar that you can't remember what happened and only the tape shows the best evidence.
Police officers get to show the tapes because it's their direct testimony, and it's their proof that you committed a crime, and it's the counter to any contradiction from defendants.
Let's say you have a good reason to record. And for some reason you want to visibly do it with your phone. Your second question asks "is it a good idea?" And by now I think you know my answer.
To use your legal words (nice choice by the way):
While it may be possible to be an appropriate course of action; You are DEFINITELY asking for trouble.
Why? Because unless you are allowed by state law, and you are 100% clear what you're doing; it's possible the cop mistakes your phone for a gun and kills you.
In today's black vs blue environment, this may or may not be more necessary; but it's a double edged sword. I'd like to think today police are less likely to use deadly force, but they certainly can by law almost anytime they are "afraid for their life" as a general phrase that pays. And all the cops know that's the magic "get outta jail free" phrase to use when in court.
As a blanket bright line rule: on the streets: "follow and obey the cops" but try to remember everything that happens. And then get your criminal defense attorneys to "Fight it in Court".
And side note:: almost always take everything to court and to trials. It's rare that "prepayment" or plea deals are a good deal, unless you can reduce charges like a felony to a misdemeanor.
Also, if you're in a public place - hopefully odds are that some unbiased third party will have a camera or phone or some recordings. Third party witnesses can sometimes be the best.