A New York state police officer recently threatened to have a motorist arrested after the driver video recorded the traffic stop. It is not against the law to record interactions with law enforcement unless it would “truly interfere with legitimate law enforcement operations.”
Police have no right to order that a person stop taking pictures or video in public places. In fact, courts have determined that it is an individual’s constitutional right under the First Amendment to record police activity, and while in most states a person has to consent before being recorded, it does not usually apply to law enforcement on duty.
John Houghtaling says he was stopped by a police officer named Rosenblatt for what the officer said was a tailpipe that was too loud, and when Rosenblatt saw him recording, he threatened him.
“How about if I see you post this on YouTube, I’ll find a way for the D.A.’s office to arrest you," Rosenblatt told Houghtaling.
When Houghtaling asked him if it is illegal to record police officers, Rosenblatt answered, “When I tell you to put the phone down and you disregard what I’m telling you, yes, it is,” a claim that is not true.
“Your exhaust [pipe] is extremely loud, that’s why you’re being stopped," Rosenblatt is heard asking. "Have you got an answer for that?”
Rosenblatt then demands to see Houghtaling’s license and registration. Houghtaling’s complies but continues to record.
The trooper asks, “What is your issue with always videotaping?” and Houghtaling replies, “Am I legally obligated to answer that?”
Rosenblatt replies, “You’re obligated because I asked, you, that’s why,” – another false claim – before returning to his patrol car.
