Is it illegal in NC to film police making an arrest? Here’s what the law says

Evan Moore
·2 min read
1

In recent years, videos of violent encounters between police and the public have ignited social justice movements and a push for more accountability and transparency for law enforcement agencies.

From the death of Philando Castile in 2016 to George Floyd’s murder in 2020, it’s become second nature for people to take their phones out during interactions with police.

But is it ever wrong to record uniformed law enforcement at work? Is it always legal to record an arrest? Could you face arrest if you record the police in North Carolina?

Can you film law enforcement in NC?

The First Amendment allows North Carolina residents to film anything in public space, including federal buildings, police stations, and other public areas, according to Scharf Law Firm based in Raleigh.

However, it is illegal to interfere with law enforcement activity while recording, the firm says.

Interfering with law enforcement is considered obstruction of justice, which is a misdemeanor, according to state law. Those found guilty of obstruction of justice could face up to 60 jail and a $1,000 fine.

Can the police take your phone if you film them?

Under the Fourth Amendment, which protects against illegal searches and seizures, police are not allowed to confiscate your phone or view your footage unless they have a warrant, according to Scharf Law Firm.

According to the firm, if the police demand to see your phone, you should take the following steps:

  • React with respect, not anger, and don’t resist an officer.

  • As the officer, if you can go. If they say no, they are unlawfully detaining you if they don’t have suspicion that you’re about to commit a crime.

  • If an officer is detaining you, tell them you have the right to take photos and videos of public spaces.

“In most situations, an officer is likely trying to intimidate you and stop you from collecting or disseminating any information regarding their activity,” the firm says. “However, if you make it clear that you know your protected constitutional rights and won’t be easily intimidated, they will most likely back down.”