Witnessing Police Misconduct? Here’s What to Do (and not do)
- Fiffik Law Group, PC
- Jun 19, 2020
- 4 min read
Updated: 3 days ago
Witnessing a police encounter that appears unlawful or excessive can be unsettling. Ideally, we should be able to trust officers to handle every situation professionally and follow proper procedures. In reality, mistakes or misconduct can occur, which is why it is crucial to protect yourself by understanding your rights and following the law. Both federal and Pennsylvania law protect the public’s right to observe and record police activity in public, but how you act in the moment and what you do afterward can affect your safety, your legal standing, and the usefulness of any evidence you collect.
When witnessing potential police misconduct, the most effective thing you can usually do in the moment is observe and document what is happening. Physically intervening or confronting officers can escalate the situation, jeopardize your safety, and undermine any later effort to hold officers accountable.
Observing and Recording Police Activity
The right to record police officers performing their official duties in public is grounded in the First Amendment to the U.S. Constitution and supported by Pennsylvania law. Members of the public may lawfully observe and record officers in public spaces, provided they do not interfere with police duties.
Examples of interference include:
Standing so close to officers that you physically block their movements
Attempting to move or touch people involved in the encounter
Stepping into the area where officers are conducting a stop, search, or arrest
Recording should be done from a safe distance while clearly visible. Officers do not have a reasonable expectation of privacy while performing official duties. Audio recording is generally permitted in public settings, despite Pennsylvania being a two-party consent state for private conversations.
If Police Object to Recording
Police officers might have a problem with you recording them. In such instances, they might do one of the following:
Confiscate your phone (grab your phone from your hand)
Knock the phone out of your hand
Demand to view your recordings
Delete photos, videos, or audio
Require you to provide passwords or unlock your device
If an officer orders you to stop recording or demands your phone, you may calmly state that you do not consent and that you are exercising your lawful right to record public police activity. Some officers may still detain or arrest a person despite the legality of recording. While such an arrest may later be challenged as unlawful, you must weigh the personal risks of arrest against continuing to record in the moment.
If a police officer damages your phone, such as swatting it out of your hand, this could constitute property damage or a civil rights violation. Do not engage physically with the officer if they attempt to do this for your own safety. Wait until the officer walks away from the phone before you retrieve it. Do not engage in a struggle with the officer while they are attempting to grab your phone, again, for your your own safety. You can calmly request that the officer return it to you. If they confiscate it, you can contact the police and request that the phone be returned right away. Document any damage to your phone and consult an attorney to discuss potential remedies.
What NOT to Do
Even when police conduct appears unlawful, certain actions can increase legal risk or escalate the situation:
Do not interfere with the encounter or attempt to physically intervene
Do not stand so close that you impede officers’ movements
Do not argue with officers or attempt to debate legality during the encounter
Do not secretly record private conversations where people reasonably expect privacy
Do not physically resist orders, even if you believe the order is unlawful
Challenges to police conduct are addressed later through complaints or legal action, not during the encounter itself.
What to Do After the Encounter
Document
As soon as possible, write down everything you remember, including:
The date, time, and location of the incident
Officers’ names, badge numbers, patrol car numbers, and departments
How many officers were present
Any use of force or weapons, including less-lethal weapons
Any injuries you observed
Names and contact information of witnesses
Preserve any photos or video in their original form and make backup copies. Do not edit, crop, or alter recordings.
Report
After documenting what you observed, consider your options:
File a complaint with the police department’s internal affairs division or civilian review board
Request official police recordings such as body-worn camera or dashcam footage, which in Pennsylvania generally must be requested within 60 days
Consult an attorney to determine whether the conduct may give rise to a civil rights claim
If sharing recordings publicly, including online or with media outlets, consult an attorney before posting to ensure privacy, safety, and legal compliance, while maintaining original copies
When Legal Guidance Matters
Police encounters can unfold quickly, but their consequences can last. If you witnessed or experienced police misconduct in Pennsylvania and have questions about your rights or options, speaking with an attorney can help protect your interests and clarify next steps.
If you believe police misconduct occurred or your rights were violated, contact Fiffik Law Group to discuss your situation and learn how we may be able to help.
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