Video Recording the Police is Legal in Michigan.
Suppose you witness police officers making an arrest, and it appears they are using unnecessary force. What are your options?
Video Recording the Police
The Michigan State Police, in a recent statewide memo to troopers, admitted that MCL 750.539c, which prohibits a person from using any device to eavesdrop upon a private conversation without the consent of all parties to the conversation, does not apply to video recording the police. This statute only applies when the parties reasonably expect privacy in the conversation. In general, police officers do not have a reasonable expectation of privacy while performing their duties. Unfortunately, officers used to acting with impunity might falsely accuse someone of interfering with an investigation or arrest if they do not want someone to record them.
Can recording law enforcement officers result in Resisting and Obstructing the Police charges?
Beware, however, that the police might arrest someone for resisting and obstructing, MCL 750.81d (a felony), for interfering with a police officer in the lawful discharge of their duties; however, simply video recording the police from a safe distance is not the proper basis for a resisting and obstructing arrest.
You must remember that police officers are people with all the usual frailties and emotions for all practical purposes. If an officer objects to someone recording them, especially if they perceive they might have done something questionable, that officer may take a little creative liberty with their description of how the person recording the event “interfered” with the investigation, arrest, or performance of their duties. If you are going to video record the police, keep a safe distance, do not speak, be aware of the situation so that you do not antagonize the officer, and do not be disrespectful. If the police accuse you of interfering in an investigation because of video recording police officers or for any reason, you will want to contact an experienced criminal defense attorney immediately.
Michigan Criminal Defense for Alleged Crimes Against the Police
If you face felony or misdemeanor charges for conduct allegedly against the police, you will need a strong, credible defense to get a fair fight in court. Seemingly innocuous or innocent behavior can get entirely blown out of proportion when police allege someone interfered with their lawful duties or an investigation. In these cases, many defense attorneys find prosecutors and judges highly biased against their clients. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience representing clients falsely accused of resisting the police when they were only video recording.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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