Can You Record the Police in Florida?
With the rise of technology, nearly everyone has access to a camera which has allowed more people to record interactions with law enforcement. This added scrutiny has been a huge safety net as people have worked to hold officers accountable for excessive force or falsified charges.
However, a new Florida Law that took effect this year may pose a challenge to recording police. Whether you’re a bystander or if you’re being questioned by police, a skilled Tampa criminal defense attorney can ensure your rights and freedoms are protected.
What is the “Halo Law”?
Florida House Bill 184 is also called the Halo Law. It creates a 25-foot “no-approach” zone around first responders who are acting in their official duties. Anyone verbally warned to stay back who approaches that zone could be fined or jailed.
What are the Penalties for Violating the “Halo Law”?
Under this new law, anyone who has received a warning and still approaches police or first responders who could be charged with a second-degree misdemeanor.
Penalties include:
- Up to 60 days in jail
- Up to $500 in fines
- Your phone being seized as evidence.
What’s the Purpose of the Halo Law?
The bill’s sponsors claim that this new law is designed to protect first responders from harassment, threats, or physical interference as they carry out their duty. This buffer zone between bystanders and the responders allows them to function with fewer distractions, creating safer interactions.
However, many people have claimed that this new law could be abused, allowing more leeway for police officers to claim that bystanders were interfering with their work and allowing them to delete incriminate recordings of police interactions.
So, Can You Record Police Officers in Florida?
In the past, police officers have arrested citizens for recording police in public, claiming that Florida’s “Anti-Wiretapping Law” makes the recordings unlawful. This law says it’s illegal for people to intentionally intercept, try to intercept, or gets someone else to intercept any kind of communication.
Basically, the police have argued recording an arrest as a bystander is a violation of the wiretapping law, but that law is really designed to prevent people from intercepting private communications or phone calls and distributing them.
Under the First Amendment, you have the right to record public interactions with police, whether you are the one being arrested or if you’re a witness. The Halo Law does make these recordings more difficult, but also more critical.
Why Does Recording the Police Matter?
Recording police interactions may seem a little overdramatic or extra, but in many instances, it could be the difference between a conviction and someone, even you, keeping their freedoms. You are legally protected by your constitutional rights to record police, whether it’s a drunk driving stop or something involving a search for drugs. You are gathering evidence and creating an independent account of the events. Many charges have been dismissed because the court has more evidence than just the arresting officer’s word that their report is how things actually happened.
Even if an officer is wearing a body camera, that doesn’t mean they are recording it. Your defense attorney can request a copy of the footage, but only if it exists. Your recording could be the only evidence to defend yourself with.
Finally, recording police keeps them accountable. Knowing there are witnesses can keep them in line. You should be respectful as you record (you definitely don’t want to violate the Halo Law and get into trouble yourself), but you can keep a misunderstanding from blowing up into anything more dramatic that could get a fellow citizen in more trouble.
What Should I Do If I’m Arrested For Recording Police?
Even though you are protected under your First Amendment rights to record police officers, you may still get in trouble for taking video of them in public. The key thing is not to panic and remember your rights.
If you are arrested, you can either try to keep recording or lock your phone. You need to protect key evidence to show that you were obeying the law and that the officers illegally arrested you.
You should contact a Tampa criminal defense attorney like Attorney Brett Metcalf. Finding an attorney with experience in free speech and illegal arrest cases is crucial. They will know how to approach your situation and help you build a strong defense against your charges.
Your attorney will investigate your arrest, collect evidence, and devise a defense that shows the law enforcement officers were wrong to arrest you. Your lawyer will either fight to get your charge reduced or dropped entirely.
Call Metcalf Falls for Your Defense Today
Although 60 days in jail and $500 don’t seem like that steep of penalties, being arrested for interfering with police activities by recording them could be a major black mark on your record. You stand a better chance of getting your charges dismissed or reduced by working with an experienced criminal defense firm in Tampa.
Metcalf Falls Criminal Defense Attorneys, P.A., is the firm to turn to when you need your rights and future protected. We understand how challenging your situation must feel, and we’re here to help you fight for your freedom. We have helped many clients in similar situations, and we are prepared to hear your story and get started.
Call (813) 258-4800 or fill out our contact form to schedule your consultation.