Reversing the Panopticon: Current Legal Status of the Right to Record Police

• In Event: Technology and Law Enforcement: Challenges and Innovations

Abstract

In the wake of a number of high profile controversial police use of force incidents, there is a climate of public distrust of police. This crisis of confidence, combined with the ubiquitousness of smart phones, has resulted in police actions increasingly being recorded by bystanders. Due to police interference with such recording activities, the courts are being called upon to rule on whether such police action violates constitutional rights and some state legislatures are stepping up to codify a right to record the police. This study examines the legal issues associated with recording the police in public places by surveying relevant case law and statutes.

Author

• Brenda Rowe, Texas A&M University - San Antonio