Q: Questioning phase? For example: I get pulled over for speeding and OR at a road check or dui checkpoint: Am I allowed to record the officers verbal interaction with myself? Record audio and video with my phone or camera? As I am aware, New York state is a one party consenting state..When it comes to recording audio and video..So if I am part of the conversation, I believe I have the right to record, even if it is law enforcement, correct? Thank you
A: David's Answer: Generally you may audio or video tape any conversation you are a part of. If, however, the police are attempting to affect an arrest, they may reasonably ask you to release holding the recording device so they can put the handcuffs on you. Failing to abide may be construed as resisting arrest. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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