To defend themselves from a false or mistaken allegation of abuse or neglect, do parents or guardians have a constitutional right to videotape a child protection services (CPS) worker during an in-home visit? There is sparse case law. By analogy, while the U.S. Supreme Court has not definitively addressed the issue, federal appellate courts in the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits have explicitly upheld the right of a private citizen to record video and audio of police carrying out their official duties in a public place. The principal limitation on this right is that one may not hinder the officer in the performance of their duty. Accordingly, the Seventh Circuit held: “Nothing we have said here immunizes behavior that obstructs or interferes with effective law enforcement or the protection of public safety.”

Indeed, law enforcement officials have increasingly mandated the use of body worn cameras to provide documentation of critical encounters. Such recordings have also been an important tool for collecting evidence and building trust.

Fourth Amendment Issues

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]