Just because you can do something doesn’t mean you should. Does this apply to the Recording of videos or voice of people in public? Are there laws in some states that restrict your right to gather information via your phone? The answers are in the details.

Unexpected Times

Generally speaking, if you see someone or something that interests you in a public area, then it’s legal to film it without first getting Consent. Furthermore, courts have determined there is a First Amendment right to take pictures, video and take audio recordings of police officers when they are in public and doing their job. Under no circumstances should police order you to stop taking pictures or video, or delete anything you’ve already taken.

Where It Gets Complicated

Do you have a case if the police retaliate against you for recording them? You might be able to successfully bring an action under 42 U.S.C. § 1983 for being deprived of your civil rights to include a First Amendment violation against your right to record and a Fourth Amendment violation against an unlawful arrest.

The right to record law enforcement officers is not as clear if the recording is being done in secret or if you are interfering with the officer or if you are breaking the law. In all states, the right to record hinges on the time, manner and place of the recording, but laws differ. In fact, some states are more strict about audio recordings than anything else.

Audio Recording

Can a private citizen record a phone conversation without the other party knowing? Federal law lets a phone recording take place if one of the parties to the call consents to the recording. So, if you are the one doing the recording, you probably consent to it and can, therefore, record the conversation. Not all states allow one-party consent. The best way to find out if you are in a state that allows one-party consent or requires all-party consent is to research the laws in your state.

Even if the law allows for one-party consent, that does not give you carte blanche to record a phone conversation. The federal law, 18 U.S.C. § 2511, prohibits recording a conversation with criminal or wrongful intent. States with one-party consent laws have various provisions regarding illegal recording. In some states, a violation is a misdemeanor. In others, it is a felony. In some states, the violator may also be subject to a civil suit.

The answer to the question posed by the title is: it depends. Did you upload it to YouTube or just look at it privately? Because actions matter.

Related: Just How Accurate Are Crime Shows?