Policy Text
Roll Call Training Bulletin
Produced by: Sergeant William Conner Katherine Lester , Chief of Police
Prepared b y: Officer Jeff Kuhlmann , PSU Volum e 90
First Amendment Audit
Recording/Videoing/Phot ographing in a Public Place
3-16-22
Police personnel with field assignments are likely to be familiar with members of the public taking
photographs or record ing video during calls for service or other enfo rcem ent activity. However,
officers should al so be aware of individuals recording police vehicles , equipment, and the employees
themsel ves at police faci lities and other governm ent buildings . This act is often referred t o as a “First
Amend ment Audit .” Indivi duals participating in th ese activi ties are generally narrating while
recording and may engage employee s with questions or discuss ions in an attempt to provoke a
negative police contact.
The City of Sacramento maintain s sever al locations that are open to the publ ic such as parking lots,
building entrances, and sidewalks . If a fa cility has s ignage stating , ‘No Trespassing ,’ this would
usually only apply to the areas that are c losed to the public and/or closed after bu siness hours .
Generally spea king, s ecured polic e parking lots would fall under applicable trespass laws, but spaces
open to the public would not .
At all ti mes, o fficers should take appropriate precautions to safeguard sensitive information that may
be lawful ly observ ed through the windows of law enforcement vehic les. MDC and laptop screens
should be darkened or closed . Confidential documents, such as Incident Action Plans (IAPs) or
Informat ion Bulletins (IBs) should be protected from plain view .
During an encoun ter with member s of the public who are conducting a “First Am endment Audit ” or
are o therwise recording police activities , officers should be polite, friendly , and professiona l, and
should not engage in a debate or ar gument . For example, an officer should provide their name and
badge number upon request in a professional tone . Whenever pr acticable, officers should give clear
and concise wa rnings to individuals who are conducting themselves in a manner that would caus e
their recording or other behavior to be unlawful. The warnings should be accompanied by clear
directions on what an individ ual can do to be compliant; and directions should be spe cific enough to
allow compliance. For example, rather than instruct ing an ind ividual to “clear the area, ” an officer
could direct the perso n to a viable recording locati on.
Per Californ ia Pe nal Code s 148 (g) and 69 (b) the fact that a person takes a photograph or makes a
recording of a public officer or peace officer , while the officer is in a public place or the person taking
the photograph or making the recording is in a place he or she has the right to be, does not
constitute, in and of itself, resistin g arrest or obstructi ng/preventing official duties , nor does it
constitute reasonable suspicion to detain the p erson or probable cause to ar rest the person.
In short, p ersons who are recording the police have the same r ights and responsibilities as any other
mem ber of the public. Therefore , while pho tography/recording may take place, these or any other
activities are not permitted to obstruc t peace officers , nor are the involved persons permitted to break
any other laws.
Roll Call Training Bulletin
Produced by: Sergeant William Conner Katherine Lester , Chief of Police
Prepared b y: Officer Jeff Kuhlmann , PSU Volum e 90
When taking enforcement action, officers need to clearly convey how the subject was obstructing or
delaying them. For example, p roximity to off icers by itself is not enou gh, an explanation of the safety
risk associated with the person ’s actions or behaviors should be articulate d.
California Penal C odes:
148(a) Every person who willfully resists, delays, or obstructs any public officer, pe ace of ficer, or an
emergency medi cal technician …in the discharge or attempt to discharge any duty of his or her o ffice
or employment [is guilty of a crime] …
148 (g) The fact that a person takes a phot ograph or makes an aud io or video recording of a public
officer, while the o fficer is in a public place or the perso n taking the photograph or making the
recordin g is in a p lace he or she has t he right to be, does not const itute, in a nd of itself , a crime , nor
does it constitute reasonable suspicio n to detain the person or proba ble cause to arrest the person.
69 (b) The fact that a person takes a photograph or ma kes an audi o or vi deo recording of an
execu tive officer , while the officer is in a public place or the person taki ng the photogr aph or mak ing
the recordin g is in a place, he or she has the r ight to be, does not con stitute, in and of itself, a crime …