BALTIMORE, Md. — The Fairfax County Police Department is clarifying what someone can and cannot do with a camera at or near a crime scene with a new policy.
In a policy titled FCPD General Order 603.1 the department said it issued June 1, anyone has the right to record police activity, whether that’s a passer-by or someone directly interacting with police.
Officers will not be allowed to tell that observer that they can’t film a crime scene nor otherwise obstruct that filming.
However, according to the Fairfax County Police Department news website, filming cannot interfere with officers doing their job, jeopardize anyone’s safety, violate the law or “incite others to violate the law.”
If an officer feels this activity is interfering with their work or is a safety risk, they are allowed to ask that person to move to a safer location while still respecting their right to film on public property.
An observer can face criminal charges if they are obstructing an investigation or disregard a police perimeter, which is generally identified with crime scene tape.
Most importantly, if the person filming police activity also captures evidence of a crime being committed, a Fairfax County police officer will likely request that person to voluntarily provide a copy of the video. That officer may also temporarily take the phone for evidentiary use.
The police may also seize the recording device without the owner’s permission, but the department notes that it is to be a rare exception.
