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Please be safe if you are attending protests. But also, let’s hold these cops to justice.
How to film and record police misconduct legally and ethically.
#BLACK_LIVES_MATTER
How to film and record police misconduct legally and ethically. #BLACK_LIVES_MATTER
All points here are pulled from the Teen Vogue article I RT’d earlier, as well as the ACLU, EFF, and WITNESS human rights organizations. This is just another format for info that might be more accessible to the bit of platform I have. I will link those resources at the end.
SAFETY FIRST Filming can put you and the victims of brutality in danger if done incorrectly. There are other ways to bear witness, if that will not put your life in danger.
Stay updated about risks online. There are reports of rooftop cops and ICE involvement. Be careful.
KNOW YOUR RIGHTS From the ACLU on filming at a protest:
You can photograph anything in plain view, including federal buildings and the police, when lawfully present in public spaces (this may differ on private property, so please check).
Police cannot confiscate or demand to view photo/video without a warrant. However, they may order citizens to cease if it is “interfering”—which of course is up to them. 
More on what to do if a cop decides you’re interfering later on.
If filming video, be aware there is an important legal distinction between the visual portion (fully protected) and the audio portion (which some states try to regulate under wiretapping laws). +
+ Audibly state that you are recording when you are filming. This should cover the eleven states that require all-party consent. Generally, it is permitted to record if all parties are aware it is being recorded. If they keep going, that’s on them.
PASSCODE LOCK YOUR PHONE Lock your phone with at least a six-digit passcode. Courts have mostly ruled that you do not need to give up a PASSCODE, but they’ve ruled both ways for biometric data (Touch ID, Face ID, pattern lock). Passcode is safest.
CLOUD BACKUP Set your phone to automatically backup to a cloud service. Even if they break/take your phone, you’ll still have a backup to work with. While law enforcement can still request data, Google, Apple, and Dropbox require a proper warrant and will inform the user.
PREPARE BEFORE YOU GO Have legal support or a trusted contact’s info ready. Charge batteries and free up storage space. Encrypt/delete sensitive data. Bring a pen and paper. Hide your identity. Surveillance tech can easily track you down after the protest.
EFFECTIVE EVIDENCE To hold someone accountable, lawyers need to be able to prove WHAT crime took place, WHO committed the crime, and HOW it was committed. Keep these in mind when filming, and make what could become potential evidence very clear.
LIVESTREAMING If you are livestreaming, remember that livestreaming can expose location details, identities, protestor tactics, and other sensitive information much easier than regular recorded video. Be mindful of that as you record.
RECORDING BASICS Film in landscape to get a wider view. If possible, try to hold shots for at least ten seconds before moving. Use slow and steady pans instead of quick, jerky movements.(Obviously, safety still first. If you need to run away, RUN.)
Start the recording by stating the date, time, and location. If you need to stay anonymous, write this info on a paper and hold it up in front of the camera for ten seconds, or film something that shows this info (e.g. a clock).
CONFIRM GENUINE FOOTAGE Film landmarks, street signs, or buildings to confirm location. Film a clock or phone home screen to confirm date and time. Film continuously instead of starting and stopping to fight claims of editing/manipulating footage.
NARRATION BASICS Stay factual. Try to keep emotions in check if narrating. Focus on key details—time, date, location, officer names, license plates and badges. Think sports commentator. Do not allege anything about the info of the victims. Stick with known facts.
If livestreaming, repeat key details for new viewers. If violence occurs, stay calm and quiet. Lawyers and investigators need to clearly see and hear what’s happening if this is to be used as evidence. Let the footage speak for itself.
FILMING POLICE MISCONDUCT Try to stay 6 feet away. If a cop tells you to back up, comply and make that clear. Film your feet and vocally state, “I am complying with orders.” If a cop tells you to stop recording, you can keep going if you’re comfortable doing so.
IF THEY STOP YOU Remain calm. Do not physically resist. They are looking for an excuse to attack you. Ask the officer if you are free to leave. Calmly walk away if the answer is yes. Take down information when it is safe to do so.
IF THEY ARREST YOU Police cannot detain you unless there’s reasonable suspicion you’re about to commit a crime. Calmly ask what crime they suspect you’re committing. Recording is your right under the 1st amendment, and that does not qualify as reasonable suspicion.
AFTER FILMING Take care of yourself and each other. You just witnessed something traumatic. Get consent of filmed parties, if possible. Blur identities if needed. If you were broadcasting, save the video to your device.
SHARING FOOTAGE Post strategically. It’s usually fine, but posting immediately on social media might not always be the most effective. It could be more tactical to release footage to combat the police’s official statements (see the case of Walter Scott).
Consider having a journalist or an advocacy group post for you if you wish to remain anonymous. Having your name tied to a video may put you at risk of further harassment from police or online trolls.
If sharing with a lawyer, send completely unedited footage (even down to the file name). Any edits can be made on a copy of the footage, but the video has a higher chance of being usable in a legal proceeding if it’s unedited.
I have donated to funds and spread resources to my own circles, but my small platform here has always prioritized correct and usable info, first and foremost. That is what I hope this thread provides.
Please stay safe, everyone. I believe in the power of the people.
Please stay safe, everyone. I believe in the power of the people.
