Is it illegal to film police making an arrest in Kansas and Missouri? Here’s the law

The ubiquity of smartphones with video recording capabilities means that at any time, most people can start filming within just a few seconds of seeing something worth recording.

While taking videos may be prohibited in certain spaces, filming the police in public is legal in both Missouri and Kansas, as well as in the rest of the country.

The American Civil Liberties Union, a national nonprofit civil rights group, says that the ability to photograph and record law enforcement officers is protected by the U.S. Constitution.

“Taking photographs and video of things that are plainly visible in public spaces is a constitutional right — and that includes police and other government officials carrying out their duties,” the organization wrote on its website.

What does this mean in practice in Missouri and Kansas? Local experts explained what types of filming are fair game — and which could get you in trouble.

Is it legal to record police in Missouri and Kansas?

It is legal to record the police in Missouri, Kansas and everywhere else in the country, as long as you are in public and are not obstructing law enforcement activity.

Just last year, the U.S. Court of Appeals for the Tenth Circuit, which includes Kansas, held that “there is a First Amendment right to film the police performing their duties in public.”

The circuit court judges ruled that this right “falls squarely within the First Amendment’s core purposes to protect free and robust discussion of public affairs, hold government officials accountable, and check abuse of power.”

St. Louis attorney Stephen Schultz notes that the same is true in Missouri.

However, your constitutional right to film the police does not allow you to break other laws, like trespassing on private property. In private places, like a home or apartment, the property owner can set the rules — including by telling you to stop recording.

When does recording the police break the law?

In Kansas City, residents are only prohibited from “witnessing or documenting” city officials, including police, firefighters, EMTs and city code inspectors, if doing so “substantially and physically hinders, obstructs, molests, resists or otherwise interferes with the official duties being performed.”

This section of the ordinance was created after Kansas City Police Department officers arrested resident Roderick Reed for stopping his car in the road to film them forcibly arresting a Black transgender woman in 2019.

Reed was later pardoned by Mayor Quinton Lucas, and City Council voted 12-1 to enshrine the right to document police activity in the city’s code in June of 2020.

What should I do if I am told to stop filming the police?

Know your rights: You are allowed to capture images, including video, of anything happening in a public space. While some states restrict audio recording, both Kansas and Missouri are single-party consent states, meaning that you are allowed to record your interactions with law enforcement without getting their permission first.

Remain calm: The ACLU recommends not physically resisting a law enforcement officer. However, if they ask for your recording device, you do not need to hand it over. Police cannot take your device or look through your images or videos without a warrant. They are also not allowed to delete files off your device, as this can be considered evidence tampering.

Ask if you can leave: Law enforcement cannot detain you without “reasonable suspicion” of a crime — and simply taking photos or videos doesn’t count as reasonable suspicion. An easy way to tell whether you are under arrest is to ask whether you are free to go. If you are, you can choose to leave the scene.

Document everything: If you believe your rights have been violated, write down the names and badge numbers of the officers involved. Get the contact information of any witnesses who can verify what happened. And if someone else has a camera or recording device, see whether they can get photos or a video of your device being taken away.

The Star’s Joseph Hernandez contributed.

Do you have more questions about police accountability in Missouri or Kansas? Ask the Service Journalism team at kcq@kcstar.com.