Patricia Guadalupe
A New York state police officer
recently threatened to have a motorist arrested after the driver video recorded
the traffic stop. It is not against the law to record interactions with law
enforcement unless it would “truly interfere with legitimate law enforcement
operations.”
Police have no right to order
that a person stop taking pictures or video in public places. In fact, courts
have determined that it is an individual’s constitutional right under the First
Amendment to record police activity, and while in most states a person has to
consent before being recorded, it does not usually apply to law enforcement on
duty.
John Houghtaling says he was
stopped by a police officer named Rosenblatt for what the officer said was a
tailpipe that was too loud, and when Rosenblatt saw him recording, he
threatened him.
“How about if I see you post
this on YouTube, I’ll find a way for the D.A.’s office to arrest you,"
Rosenblatt told Houghtaling.
When Houghtaling asked him if
it is illegal to record police officers, Rosenblatt answered, “When I tell you
to put the phone down and you disregard what I’m telling you, yes, it is,” a
claim that is not true.
“Your exhaust [pipe] is
extremely loud, that’s why you’re being stopped," Rosenblatt is heard
asking. "Have you got an answer for that?”
Rosenblatt then demands to see
Houghtaling’s license and registration. Houghtaling’s complies but continues to
record.
The trooper asks, “What is your
issue with always videotaping?” and Houghtaling replies, “Am I legally
obligated to answer that?”
Rosenblatt replies, “You’re
obligated because I asked, you, that’s why,” – another false claim – before
returning to his patrol car.
