In the past, officers’ statements about arrests were generally considered beyond reproach unless there was considerable proof to the contrary. In the age of a smartphone on every person and a bodycam on every officer, this is changing. We’ve all seen news clips of bystanders using their phones to record arrests, and the fact is that you generally have the right to do so – within specific limitations. If you’ve been hit with a criminal charge, it’s time to consult with an experienced South Carolina criminal defense attorney.
The One-Party Consent Rule
The State of South Carolina has what is known as a one-party consent rule. This means that only one party is required to consent when it comes to recording others and to make things even more convenient, the party who is making the recording can also be the party who gives their consent. In other words, you have the legal right to record the police when they’re going about their work, but there are guidelines that must be followed.
When the Police Are out in Public
When the police are out in the public, you are entitled to record them, including in each of the following locations:
- On a sidewalk
- Out on the street
- Outside a store or building
- In a park or outdoor gathering spot
When the Police Are in a Private Location
The laws are much stricter when the police are in a private location. Your right to record them ends when the police are on private property unless you’re the owner of the private property. The only other option is if the police give you permission to record them while on private property, which is a pretty big if.
You Can’t Create an Unsafe Situation
While you do have the right to record the police when they’re out in public, you can’t interfere with their ability to do their job safely and effectively. For example, jumping into a volatile situation just to get a picture or video can turn up the heat on things, which – in turn – can increase the chances that someone will be harmed. Further, running into traffic to get a better view of the police is a risky proposition that isn’t supported by the law.
When it comes to recording the police, keep all the following in mind:
- Attempting to hide the fact that you are recording them could make the police suspect you of concealing a weapon. Be clear about what you’re doing.
- Don’t interfere with an officer’s ability to do their job safely and efficiently.
- Maintain a reasonable distance from the police at all times.
- Refrain from screaming, yelling, or otherwise attempting to distract the police or to increase the drama.
An Experienced South Carolina Criminal Defense Attorney is on Your Side
The trusted South Carolina criminal defense attorneys at Query Sautter & Associates appreciate how seriously a criminal conviction can affect your future and will spare no effort in pursuit of your case’s best possible resolution. Learn more by contacting us online or calling us at 843-795-9500 today.