The proliferation of smartphones equipped with video recording capabilities means that most people can quickly start filming when they come across something noteworthy.
Although certain spaces may prohibit video recording, filming the police in public is legal in both Missouri and Kansas, as well as elsewhere in the United States.
The American Civil Liberties Union, a national nonprofit civil rights group, asserts that the right to photograph and record law enforcement officers is protected by the U.S. Constitution.
“Taking photographs and video of things that are plainly visible in public spaces is a constitutional right — and that includes police and other government officials carrying out their duties,” the organization wrote on its website.
In terms of practical application in Missouri and Kansas, local experts have offered explanations about what types of filming are permissible and which could lead to legal issues.
Is it legal to record police in Missouri and Kansas?
Recording the police is legal in Missouri, Kansas, and nationwide, as long as it is done in public and does not obstruct law enforcement activity.
Last year, the U.S. Court of Appeals for the Tenth Circuit, which encompasses Kansas, held that “there is a First Amendment right to film the police performing their duties in public.”
St. Louis attorney Stephen Schultz points out that the same is true in Missouri.
However, exercising your constitutional right to film the police does not exempt you from breaking other laws, such as trespassing on private property. In private places, like a residence, the property owner can establish rules — including instructing you to cease recording.
When does recording the police break the law?
In Kansas City, residents are only prohibited from “witnessing or documenting” city officials, including police if doing so “substantially and physically hinders, obstructs, molests, resists or otherwise interferes with the official duties being performed.”
This part of the ordinance was implemented after Kansas City Police Department officers arrested resident Roderick Reed for stopping his car in the road to film them forcibly arresting a Black transgender woman in 2019.
Reed was later pardoned by Mayor Quinton Lucas, and City Council voted 12-1 to codify the right to document police activity in the city’s code in June of 2020.
What should I do if I am told to stop filming the police?
Know your rights: You are permitted to capture images, including video, of anything unfolding in a public space. Although some states restrict audio recording, both Kansas and Missouri are single-party consent states, allowing you to record your interactions with law enforcement without their prior consent.
Remain calm: The ACLU recommends not physically resisting a law enforcement officer. However, if they request your recording device, you are not obligated to surrender it. Police cannot seize your device or examine your images or videos without a warrant. They are also prohibited from deleting files from your device, as this could be considered tampering with evidence.
Ask if you can leave: Law enforcement cannot detain you without “reasonable suspicion” of a crime — and simply taking photos or videos does not qualify as reasonable suspicion. A straightforward way to determine whether you are under arrest is to inquire whether you are free to leave. If so, you have the option to depart from the scene.
Document everything: If you believe your rights have been violated, jot down the names and badge numbers of the officers involved. Obtain the contact information of any witnesses who can corroborate what transpired. And if someone else has a camera or recording device, check if they can capture photos or a video of your device being confiscated.
The Star’s Joseph Hernandez contributed.
Do you have more questions about police accountability in Missouri or Kansas? Ask the Service Journalism team at [email protected].
