Pointers on interacting with police

Dear Mahatma: Can you video the conversation between you and the police when he comes to the car? Does he have the right to tell you to stop filming? Does he have to tell you why he stopped you? In any circumstances can you refuse to give him your ID, license and proof of insurance? Can you video what you want while on public property? — Overwhelming Guy

Dear Over: Let’s start with a disclaimer. That is, we are not a lawyer. But we learned some First Amendment law in college. This qualifies us to be dangerous.

So we asked our sometime legal guy, the esteemed attorney John Wesley Hall. And we quizzed the Arkansas State Police. What follows is our very best to sow the seeds of confusion.

Can a citizen video an interaction with police? Yes, Hall says. And he points out that police, via body or dashboard cameras, are doing the same.

Does a police officer have the right to tell a citizen to stop filming? No, Hall says, but he might anyway.

Does a police officer have to say the reason for the stop? We are proud to say we actually knew this one. Arkansas Code Annotated 12-12-1403 requires an officer to introduce himself by name and jurisdiction, tell the reason for the stop and, when possible, provide written identification.

How about refusing to turn over driver’s license and such? Nope. The Arkansas Driver License Study Guide — the one teenagers study — cites three state laws that require a driver to turn over, when requested, his license, registration and proof of insurance. In fact, this is part of a long list of what to do when stopped by a police officer. Page 2. Read it.

Can you video what you want on public property? Generally, yes, Hall says.

A caution comes from the state police. It’s conveyed by its communications director, Cindy Murphy.

Says Capt. Craig Teague, who coordinates instruction at the trooper school:

“We teach trooper recruits that someone may film/observe your traffic stop, but if their actions begin to interfere with the stop (getting too close for officer safety, verbally distracting the trooper, etc.) then they can be arrested for obstruction. We also teach them to ask the observer to stand in front of the violator vehicle so they are not behind the trooper at any time, which is considered a huge officer safety issue.”

FOR THE RECORD

We are reminded by an old friend that a bridge is not an overpass, and an overpass is not a viaduct. We now define each.

A bridge is a structure that carries a road, path, railroad or canal across a river, road, railroad or other obstacle.

An overpass is a bridge by which a road or railroad passes over another.

A viaduct is a long bridge-like structure, typically a series of arches, carrying a road or railroad across a valley or other low ground.

Quiz next week.