Can you get arrested for recording a cop?

There is a lot of confusion running around whether you can record a police officer. Here is a simplified guide:

1. You have the right to record a public officer in a public place. 

Under the First Amendment of the Constitution, you have a right to record a police officer on duty. In fact, a recent Supreme Court case reaffirmed that right. In that case, Simon Glik was arrested for filming a group of cops arresting a young man in public. The Court found that Simon Glik should not have been arrested because he has a right to film a public officer in a public place. 

2. Your right IS Limited!

You do not have an omnipotent right to film whatever you like whenever you want to. The right to film an officer is limited in three respects:

• The recorded person must be a public official. - This means that you can record a police officer, only when he is on duty. (just look for the uniform ;)

• Do not record while driving. - Even though you have a right to record the police officer, it is still against the law in Utah to manipulate a handheld device while driving. This includes recording from your phone! Make sure you are stopped before you begin handling your device. In Utah, you can be stopped (even at a light) and handle your phone legally. 
  
  ...Duh right?
  
  

• LASTLY, You cannot interfere with the cop's legitimate duties. - If a cop reasonably believes that you are interfering with his duties as a cop, he can arrest you. There is an emphasis on "reasonably." REMEMBER, the mere fact that you are recording does not qualify as a "reasonable belief" of interference. You must do something beyond pushing the record button. 

RECAP - Be smart. Cops are not lawyers. Often times they don't know the law, and will make improper arrests. (Example:

(The cop says "if you are invoking your rights, you must be doing something wrong?!?)

Know your rights! And don't be afraid to invoke them!

  You can LEGALLY record a cop!!!