LAWYER: If Cops Tell You To Stop Filming, Say This - Attorney Marc Lopez (Marc Lopez Law Firm)

[ihaveaquestion]

May 20, 2025
🎥 Recording the Police: What NOT to Say!

Recording police officers is legal in all 50 states, but saying the wrong thing can turn your First Amendment right into an arrest for obstruction. In this video, Attorney Marc Lopez breaks down the top 3 phrases you should NEVER say when filming the police—and what to say instead to stay within the law and avoid handcuffs.

🚨 The Three Phrases That Can Get You in Trouble:

"I'm sorry, officer." – Implies guilt and could be twisted into an admission of interference.

"Is it okay if I film?" – Asking permission undermines your rights and opens you to manipulation.

"I know my rights!" – Escalates tension without helping your legal situation.

✅ What to Say Instead:

“I’m documenting from a safe distance.”

“I’m in a public place exercising my First Amendment rights.”

“Am I free to leave?”

💡 Learn how to:

Record without escalating the situation.

Navigate distance laws (like Indiana’s 25-foot rule).

Safeguard your phone and footage if police threaten seizure.

📌 Key Takeaways:

Never apologize or ask for permission to record—assert your rights clearly.

Always keep a safe distance and comply with reasonable commands.

Know when to ask, “Am I free to leave?” to avoid illegal detention.

00:00 Intro: The Risk of Filming Police
00:24 Why Saying “Sorry, Officer” Is a Mistake
00:43 What to Say Instead: “I’m Documenting from a Safe Distance”
01:19 Record Police From a Safe Distance
02:24 Phrase #2: “Is It Okay If I Film?”
02:48 What to Say Instead: “I’m Exercising My First Amendment Rights”
03:26 Make It Obvious You’re Filming – Don’t Be Secretive
03:41 Phrase #3: “I Know My Rights”
04:19 What to Say Instead: “Am I Free to Leave?”
05:15 Recap: 3 Phrases to Avoid and What to Say Instead

[A HERETIC I AM]

1. There is PLENTY of video evidence of cops ignoring...

or simply not responding to questions like "Am I free to leave?" or "Am I being detained?".

They will do that deliberately because if you can't get or they won't give you a clear answer,and you walk away, they can easily escalate.

Say as little as absolutely possible to the police. Law enforcement are NOT your friends.

[ihaveaquestion]

2. You're right... you cannot control their responses.

But your lawyer can help you best if you are reasonable and asking the right questions.

[A HERETIC I AM]

4. That's all well and good, but just being arrested can screw your life over...

and they KNOW it.

It is true that the side of the road or any encounter with a cop is not a courtroom, but they can and will arrest you for no reason (favorites seem to be obstruction or disturbing the peace or resisting) and keep you in jail for an unreasonable amount of time before just releasing you.

People lose their jobs over shit like that and it happens every single day in this country.

Whatever you do, don't get arrested on a Friday. You'll be in jail till Monday AT LEAST.

I've lost all respect for law enforcement in this country. They are nothing more than an armed gang that is out of control and above the law. ICE and DHS is proving this in spades. They willingly and knowingly lie on sworn statements and in court as well as blatantly trample on the Bill of Rights and too many judges let them get away with it. Even if they are held to account for wrongdoing, the damage to the individual citizen is already done.


1312 (ACAB). FTP

[Maru Kitteh]

3. This is all very useful, also assume YOU are being filmed.

I would also, if appropriate, gently remind the officer that I am probably not the only person recording by modifying the phrase to:

"I’m just one of the people documenting from a safe distance.” and “Myself and the others here are just peacefully exercising our First Amendment rights.”

Safety in numbers or even just perceived numbers.

[usonian]

5. EFF: Yes, You Have the Right to Film ICE

https://www.eff.org/deeplinks/2025/02/yes-you-have-right-film-ice

Across the United States, Immigration and Customs Enforcement (ICE) has already begun increasing enforcement operations, including highly publicized raids. As immigrant communities, families, allies, and activists think about what can be done to shift policy and protect people, one thing is certain: similar to filming the police as they operate, you have the right to film ICE, as long as you are not obstructing official duties.

Filming ICE agents making an arrest or amassing in your town helps promote transparency and accountability for a system that often relies on intimidation and secrecy and obscures abuse and law-breaking.

While it is crucial for people to help aid in transparency and accountability, there are considerations and precautions you should take. For an in-depth guide by organizations on the frontlines of informing people who wish to record ICE’s interactions with the public, review these handy resources from the hard-working folks at WITNESS and NYCLU.

At EFF, here are our general guidelines when it comes to filming law enforcement, including ICE:

What to Know When Recording Law Enforcement

• You have the right to record law enforcement officers exercising their official duties in public.

• Stay calm and courteous.

• Do not interfere with law enforcement. If you are a bystander, stand at a safe distance from the scene that you are recording. But note that officers may approach and confront you, closing that distance in an effort to accuse you of interfering with and possibly also assaulting a federal officer.

• You may take photos or record video and/or audio.

• Law enforcement cannot order you to move because you are recording, but they may order you to move for public safety reasons even if you are recording.

• Law enforcement may not search your cell phone or other device without a warrant based on probable cause from a judge, even if you are under arrest. Thus, you may refuse a request from an officer to review or delete what you recorded. You also may refuse to unlock your phone or provide your passcode.

• Despite reasonably exercising your First Amendment rights, law enforcement officers may illegally retaliate against you in a number of ways including with arrest, destruction of your device, and bodily harm. They may also try to retaliate by harming the person being arrested. We urge you to remain alert and mindful about this possibility.

• Consider the sensitive nature of recording in the context of an ICE arrest. The person being arrested or their loved ones may be concerned about exposing their immigration status, so think about obtaining consent or blurring out faces in any version you publish to focus on ICE’s conduct (while still retaining the original video).

Your First Amendment Right to Record Law Enforcement Officers Exercising Their Official Duties in Public

You have a First Amendment right to record law enforcement, which federal courts and the Justice Department have recognized and affirmed. Although the Supreme Court has not squarely ruled on the issue, there is a long line of First Amendment case law from the high court that supports the right to record law enforcement. And federal appellate courts in the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits have directly upheld this right. EFF has advocated for this right in many amicus briefs.

Federal appellate courts typically frame the right to record law enforcement as the right to record officers exercising their official duties in public. This right extends to private places, too, where the recorder has a legal right to be, such as in their own home. However, if the law enforcement officer is off-duty or is in a private space that you don’t have a right to be in, your right to record the officer may be limited.

More at the link.



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