Is It Legal to Film Police Officers?
Filming police officers discharging their official duties is a right derived from 1st Amendment protections of freedom speech, press, and assembly.
The basic rule is that a person can record police officers performing official duties subject to reasonable restrictions. If a person interferences with the officer performing his duties, he can be legally arrested.
A person cannot “impede, disrupt, or otherwise interfere” with a peace officer performing an official duty. – Texas Penal Code 38.15 “Interference with Public Duties”
Another restriction is if a person is on private property. One can generally photograph what is in plain view while on public property. However, on private property, the property owner makes the rules. If the property owner asks you to leave and you do not, then you can be arrested for trespass.
Best Practice for Filming
The best practice for filming police officers—keep your distance from the officers and stay on public property.
Reality Check
Despite what the law says, police officers can wrongly arrest you if they like. I have seen people arrested for resisting arrest, interference with public duties, and even assaulting a public servant for just annoying an officer. If you are wrongly arrested, hire a good lawyer and fight your case.
