When Can a Law Enforcement Officer Order You to Turn Off Your Body Cam?

With the rise of body cameras, residents have become more aware of their rights to record law enforcement during public interactions. However, it is essential to understand the legal boundaries and when a law enforcement officer can legally request you to turn off your body camera. This article will explore the laws and regulations surrounding body camera usage and provide examples of scenarios where officers may be within their rights to instruct you to stop recording.

Legal Recording in Public Spaces

According to Maryland law, anyone can audio/video record law enforcement while in public. There is no explicit restriction on recording as long as it does not interfere with the law enforcement action. This means that if you are stopped for a traffic violation, you can still record the interaction, as long as your actions do not impede the officer's ability to perform their duties.

Example: Traffic Stop Scenario

If you are pulled over, the officer will instruct you to keep your hands visible for safety reasons. Here’s how the situation unfolds:

If you ask the officer if you can retrieve your phone from your pocket and they say no, they will likely claim it is for officer safety. In this case, if you proceed with getting your phone out, you are interfering with the traffic stop. On the other hand, if you present your license and other documents to the officer, and they return to their vehicle, at this point you can safely get out your phone and place it on the dashboard in recording mode. In this scenario, the officer cannot legally order you to stop recording since your hands are free and there is no interference with their duties.

Example: Sidewalk Observation

Suppose you are walking on a sidewalk in your neighborhood and come across a traffic stop. In this case, it is legal to record the event as long as you do not directly approach the parked vehicle, the involved parties, or the officer. Approaching or communicating with anyone involved, even for a better view, is considered distracting and interfering with the traffic stop, which is illegal.

To maintain your legal right to record, it is advisable to stand on the sidewalk and stay a safe distance away. If you are within arm’s reach of anyone or anything involved in the stop, you are too close. Avoid any interaction with individuals involved in the traffic stop until it has concluded.

Conclusion

Understanding the nuances of when a law enforcement officer can legally request you to turn off your body camera is crucial for maintaining your rights while ensuring that you do not hinder the officer’s ability to perform their duties. Always follow the guidelines, stay at a safe distance, and do not engage with the parties involved until the traffic stop is over.

Key Points

Legal recording in public spaces in Maryland. No interference with law enforcement action is allowed. Hands need to be visible during a traffic stop for safety reasons. No direct approach or communication with traffic stop subjects. Safe distance and non-interference are crucial.

By adhering to these principles, you can protect both your right to record and the essential tasks of law enforcement.