Governor Ducey signed House Bill 2319 into law which will make it illegal to video record law enforcement activity within 8 feet, after having received a verbal warning not to do so by police. Law enforcement activity includes questioning a suspicious person, conducting an arrest, issuing a summons, enforcing the law, and/or handling an emotional disturbed or disorderly person who is exhibiting abnormal behavior. This new law goes into effect on September 24, 2022, and anyone found to be in violation can be charged with a class 3 misdemeanor under ARS §13-3732. The maximum punishment for a class 3 misdemeanor includes up to 30 days in jail, 1 year of probation and a fine of up to $500.00.
Exceptions will be made for those with permission to be on private property where the police activity is occurring, those being questioned by a police officer, and those involved in a traffic stop – as long as the recording does not interfere with police actions. However, it appears that police officers will be allowed to use their individual discretion to decide whether the recording “interferes” with lawful police actions (which include searching, handcuffing, or administering field sobriety tests).
Supporters believe this new law will help protect the police, but strong opposition has come from both media organizations as well as First Amendment advocate groups, including the ACLU. Arguments have been made that this law interferes with the public’s First Amendment rights and discourages individuals from recording out of fear of legal ramifications. Police bystander recordings have become commonplace and have often been used to expose police misconduct that likely could not have been proved otherwise.
If you or a loved one find yourself charged with a crime, the attorneys at Castillo Law are here to help. You can reach us 24/7 for emergencies at 602-795-6701 or 480-206-5204.