There is no law prohibiting you, or anyone else, from filing your interaction with the police. Typically however the police will not like that you are doing this. They may ask or even order you to stop. They can’t do that. Remember however that you cannot interfere with the investigation or interfere with officer safety. What this means, generally, is that your friend can’t take his camera and shove his way, or perhaps even get very close, to the officers and you. He might get arrested for interfering with the investigation or, assuming he was told to stop, and didn’t, for refusing to follow the officer’s command. Assuming this occurs in public, filming can be quite good for you. Just make sure you get the video to your defense attorney.
The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial. He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com, or Paralegal1@CriminalAndMilitaryDefenseHawaii.Com