Legally Speaking: Recording Police

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MIAMI (CBSMiami) – A video of Miami Police making an arrest and then appearing to get physical with a man in handcuffs is just one of many going viral recently.

It seems like just about everyone is carrying a smart phone and recording video in an instant especially during encounters with police and the images of course got both positive and negative reactions.

Legally speaking, when can you openly record police legally in Florida? Courts have tackled this issue.

Generally, you can record video or take pictures of officers if you are in a public place and there is no reasonable expectation of privacy but remember you also must not interfere or obstruct the officer's ability to carry out his legal duties.

If you don't follow these laws, you could face arrest and charges for obstruction of justice, disorderly conduct or possibly even eavesdropping under a wiretapping law.

There may be times where the officer asks you to move or back away from a crime scene or accident and it may be hard to determine whether what the officer considers reasonable is also what you consider reasonable. That is where situations can escalate.

What about if an officer tells you to turn off the camera even though you feel you are within your legal rights to record him arresting someone else?

While there may be times when you have the right to record, that doesn't mean you won't be arrested by an officer who disagrees and that's when you may have to take your fight to court to deal with any charges.