Can you be arrested for filming an arrest in Mississippi? Here’s what the law says
More than 50 million people in the U.S. will interact with a law enforcement officer in the next 12 months. According to the University of Illinois Chicago’s Law Enforcement Epidemiology Project, the interactions include traffic stops, street stops, traffic accidents, arrests and 911 calls.
If your path crosses a law enforcement officer’s, what will happen if you record the incident?
Few people know their rights when it comes to interacting with police. Here are a few questions and answers to consider.
Is it legal to record if you are stopped by a police officer?
In Mississippi, you are allowed to record an officer who stops you. The Ohio State Bar Association advised not to appear aggressive, especially when reaching for your phone. Aggression may cause the officer to think you are reaching for a weapon.
Tell the officer what you are pulling out before you move. Once you have your recording device, make sure both hands are visible to the officer.
If you are pulled over for a traffic stop, place your phone on your console or seat. Audio can be recorded while you keep your hands on the steering wheel and in plain sight.
Because Mississippi is a one-party consent state, you are allowed to secretly record your interaction with an officer. There is no obligation to inform the officer that you are recording. One-party consent means at least one person in the interaction knows and wants the incident to be recorded.
Is it legal to record a police interaction as a bystander?
You don’t need a press badge to video public officials and law enforcement. Everyone has a First Amendment right to film police-citizen interactions, according to the Free Speech Center at Middle Tennessee State University.
You are allowed to take photos, record a video or make an audio recording at the scene. You can also narrate or interpret what you are recording.
What will get a bystander arrested at a scene?
It is illegal to try to stop an arrest or interfere with the process. If you stand in the way or you incite bystanders by arguing and yelling, you could be arrested.
A 2022 incident in McComb inspired a fresh look at Mississippi’s laws on bystanders recording. Mississippi Highway Patrol Trooper Hayden Falvey pulled over McComb resident Eugene Lewis for a traffic stop. He made an arrest once Lewis admitted to using marijuana before driving, according to video footage later released by the Mississippi Department of Public Safety.
Lewis’ family members passed by the scene during the arrest and his brother, Packer Lewis started a live Facebook recording when he suspected Falvey of brutality.
Falvey, a white trooper, ordered black family members to retreat, but solicited the help of a white bystander to “just make sure they (Lewis family bystanders) don’t run up on me” while taking Eugene Lewis into custody.
After the incident, lawmakers proposed an amendment that would prohibit a bystander from recording police activity from less than 15 feet away. The law died in committee.
Laws already in place could accomplish the same goal, which is why Falvey was able to arrest Packer Lewis and a second bystander at the scene.
“While there is no law against talking to police officers when they are performing their duties, you need to be careful not to say things that could escalate the situation, cause others to interfere with the police or cause others to resist arrest,” advised the Ohio State Bar Association. “If the officer interprets your speech as interference or disorderly conduct, you could be charged with a crime.”
What can you do if you witness police brutality?
If you think an officer is doing something wrong during your arrest, do not fight back. Ask for their name and badge number to file a complaint later.
If you believe you are witnessing police brutality to another person, The ACLU of Mississippi recommends you:
Stand at a safe distance and record a video with your phone. As long as you do not interfere or obstruct the officer’s movements and you are in a public place, you have a right to be there and to record the activity.
If you are on private property, the property owner can set rules about recording on their property or refuse to allow you on the property.
Do not try to hide that you are recording. “Police officers do not have a reasonable expectation of privacy when performing their jobs.”
Thanks to the First Amendment, officers cannot confiscate or delete your photos and videos under any circumstances.
Remember: police misconduct cannot be challenged on the street. Don’t physically resist officers or threaten to file a complaint.
Write down everything you remember, including the officer’s badges, the patrol car numbers, the agency the officer is with and the names of officers present.
File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file the complaint anonymously.
Call the ACLU of Mississippi at 601-354-3408 or fax in a complaint to 601-355-6465.
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