Is it illegal to video record police arrests in SC? Here’s what the law says
Smartphones and the rise of social media have made it trivial to share our lives with family, friends and even complete strangers.
But sometimes that can get people into controversial situations, such as when video recording police. There have been instances when police have arrested people for recording them while performing their duties. In other situations, recording police acting inappropriately or illegally has led to justice and change, such as in the case of George Floyd.
But what does South Carolina law actually say about video recording police and can you ever be arrested for doing so? Here’s what to know before pulling out that iPhone.
SC law on police recording
South Carolina is a one-party consent state, meaning a recording is legal even if only one party consents. That one party, which includes yourself, must still be an active participant in the conversation though.
For recording police, in general South Carolina law has different standards.
The law states that people can record police without consent in public while they’re on duty, as long as they don’t interfere with law enforcement activities, according to South Carolina Criminal Law.
“What it means to “interfere” with law enforcement duties is not clear from a legal perspective,” South Carolina Criminal Law states. “For example, it is still undetermined how far away from the scene an eyewitness must remain when recording police.”
Also, courts have consistently upheld the First Amendment rights of citizens regarding recording altercations with police, according to the Law Office of James R. Snell, Jr. Under the First Amendment, civilians generally have the right to film or record police officers as they perform their duties in public spaces, the law firm states.
Police in private spaces
Recording police in private spaces is a bit murkier under the law, the Law Office of James R. Snell, Jr. states.
“Under South Carolina law, it’s illegal for citizens to film or record police in private spaces or the inside of private buildings without first getting legally effective consent,” the law firm states.
Can you be arrested for recording police in SC?
If you record police in private places without consent, such as their home, then the short answer is yes.
However, even when a person is recording in a public space, the chance of arrest does exist. For instance, an officer might deem a person recording is too close and is obstructing justice or committing disorderly conduct. Still, just because an arrest is made, that doesn’t make it lawful, the law firm states.
