Can You Be Arrested For Filming an Arrest in Louisiana?

There are a lot of things worthy of snapping a picture in Louisiana. Our amazing natural landscape, the scenic vistas of marshland and cypress trees, and the quirky and inventive way we go about life along the bayou are just a few of those photo-worthy reasons. And while you might not think pointing a camera at something or someone could get you in trouble, in some cases it could.

Let's be honest, all of us are walking around with a camera in our pocket these days. The influx of smartphones with cameras has played a major role in how most of us go about our day-to-day lives. How many times have you stopped yourself from attempting something stupid because you thought "I bet someone is filming this". I know I have

On the other side of that coin, how many times have you said "I need to get this on video" when it comes to some amazing weather event, a sports highlight, or "someone doing something stupid"? Quite often that "doing something stupid" scenario will eventually involve the police.

Can You Be Arrested For Filming an Arrest in Louisiana?

The first and most important thing you should remember in any arrest scenario is that the officer(s) involved have a job to do. In the course of doing that job, they do not know if the suspect they are attempting to arrest has a weapon, is on drugs, is mentally unstable, or wants to harm them. So, please respect the reality of the situation.

According to the Louisiana Chapter of the American Civil Liberties Union, the filming of an arrest in Louisiana is legal. Provided the person filming the scene does not interfere with the officer's ability to perform their duties. So, yes, you can record an arrest being made.

What if Officers Demand You Stop Filming or Turnover Your Footage?

According to the ACLU, officers do not have the right to take your equipment. They do not have the right to demand you show them your footage. They do not have the right to demand that you delete your footage. Of course, all of those scenarios change if the officer produces a warrant, then you are obligated to comply. But under no circumstances, even with a warrant, can police delete your photographs or video.

Your Rights as a Photographer Explained

When in a public space where you are lawfully present you have the right to photograph anything that is in plain view. This includes a government building, a government official, and an officer making an arrest. It should be noted that officers do have the right to legitimately order you to stop filming if you are truly interfering with their ability to perform their job.

It should also be noted that your "right to photograph" does not give you the right to break any other laws. For example, if you're taking pictures on private property and you don't have permission to be there you can be charged with trespassing.

It has been our experience in filming and photographing many scenes involving law enforcement that respect and common courtesy go a long way. If you treat the officers with respect they will allow you to do what you need to do while they perform their duties.