It Is 100% Legal to Record an Officer, But…
Police officers have many duties. You’ve heard the two most popular ones; serve and protect. This ideal is noble, however many officers fail to achieve this goal. While this job is thankless, there has been a troubling rise in the charge of Obstructing a Police Officer.
Smartphones continue to play a major role in officers complaining of people impeding their progress. People now take photos and videos of law enforcement officers overstepping their authority. In spite of new laws forcing officers to wear body cameras, some police officers believe people have taken advantage of this liberty. If an officer charges you with Obstruction of a Public Officer, you should call a Muskogee misdemeanor defense attorney.
How Does Muskogee Define Obstructing an Officer?
It is a misdemeanor offense to wilfully delay or obstruct an officer while they are working. Okla. Stat. tit. 21 § 540. Oklahoma amended the law in 2015 to further elaborate on the use of recording devices on officers. Now the law says it is legal to record officers in public areas as long as filming the officer does not prevent or delay them from completing their duties.
There are five integral elements in the obstruction of an officer. A person must willfully delay or obstruct any law enforcement officer while they are completing their duties. The first element here is “willful” – you are actively trying to delay an officer. Secondly, the action must succeed in obstructing or delaying the officer.
The third element specifies the person delayed was a peace officer. For clarity, police officers, sheriffs, and tribal law enforcement officers are peace officers. For the fourth element, the defendant must be aware that the plaintiff is a peace officer. Essentially, the defendant must be cognizant that they’re delaying an officer. Fifth and finally, the officers must be performing one of their duties.
A great example of obstructing an officer could be blocking a doorway an officer needs to walk through. Actions such as this are illegal. Oklahoma statutes state that physical force is not a requirement for obstructing an officer. Simply just being in an officer’s way could get you charged. If you find yourself in this situation, contact an Oklahoma misdemeanor defense attorney for legal counsel.
Is Recording a Police Officer With a Smartphone Illegal?
Recording an officer is not illegal; however, it may not be necessary. Law enforcement officers all over the country are under fire for abusing their authority. Every day new videos surface online with officers committing questionable actions, from passive-aggressive or abusive language to the use of excessive force on people who aren’t physically resisting arrest.
The average American now watches law enforcement with a keen eye. One thing to remember is police officers have the authority to enforce the law, you don’t. While you are permitted to protest perceived officer misconduct, you don’t have the right to directly interfere or incite others to do so. And verbally taunting or intentionally aggravating an officer hardly ever makes a situation better. Instead, if you have any doubts about how an encounter with the police went, call a Muskogee attorney.
Muskogee lawyers can provide you with legal advice on how to handle police encounters. Many police interactions go wrong because people antagonize the officers, which escalates an already tense situation. When you call an attorney you learn how to use your civil rights without breaking the law.
Call (918) 884-7774 to set up your low-cost consultation with a misdemeanor defense attorney in Muskogee. You should also fill out our low-cost consultation form on this page.