Can I Be Charged with Obstruction a Law Enforcement Officer Just for Recording?

In an era when smartphones are nearly universal, recording police activity has become an important way for individuals to document potential misconduct and protect themselves. However, many people are uncertain about whether filming an officer can result in criminal charges.

In Washington State, the act of recording law enforcement is generally lawful when it occurs in public spaces. Nevertheless, recording may lead to criminal liability if it interferes with an officer’s duties. Understanding where the line is drawn can help you exercise your rights while avoiding unnecessary risk.

What Does Washington Law Say About Obstruction?

Under RCW 9A.76.020, a person commits the crime of obstruction a law enforcement officer if they: “Willfully hinder, delay, or obstruct any law enforcement officer in the discharge of their official powers or duties.”

Obstruction is classified as a gross misdemeanor, which carries potential penalties of up to 364 days in jail and a fine of up to $5,000. Importantly, this statute does not make recording itself illegal. The question is whether your actions, in context, amount to interference.

Yes. The First Amendment protects the right to record public officials, including police officers, performing their duties in public places where there is no reasonable expectation of privacy. Courts have consistently recognized that recording police activity is a form of free expression and a means of promoting accountability. Simply holding a camera or a phone and recording from a reasonable distance does not, by itself, constitute obstruction.

When Does Recording Become Obstruction?

While the act of filming is generally protected, certain behaviors accompanying recording can cross the line into unlawful conduct. Situations where recording may result in obstruction charges include:

  • Physically interfering with an arrest, investigation, or detention
  • Refusing to comply with a lawful order to move back or clear an area
  • Entering a restricted area or crime scene without authorization
  • Using recording as a pretext to distract or delay officers performing their duties

In these scenarios, it is not the recording itself that triggers criminal liability, but rather the conduct that obstructs official duties.

When Charges May Be Improper

Obstruction charges arising solely from recording—without any physical interference or refusal to comply with lawful commands—may be subject to challenge. Courts have held that the First Amendment protects the right to document police conduct, so long as the individual does not interfere.

If you are charged in these circumstances, your defense may involve demonstrating that:

  • You maintained a reasonable distance
  • You did not interfere or obstruct
  • You complied with all lawful instructions

Best Practices for Recording Police

To minimize the risk of arrest or escalation while exercising your rights, consider the following precautions:

  • Remain at a safe distance from any police activity
  • Do not physically impede officers or their vehicles
  • Avoid making threats or using aggressive language
  • Follow any lawful orders to move or relocate
  • Keep your hands visible at all times

If you are unsure about the legality of an order, you can calmly ask the officer to clarify.

Protecting Your Rights

An arrest or charge for obstruction based solely on recording can have serious consequences, including a criminal record and the risk of jail time. These cases often involve complex questions about constitutional rights and the limits of police authority. It is essential to have experienced legal counsel evaluate the circumstances and advocate on your behalf.

Speak with a Criminal Defense Attorney

If you have been charged with obstruction or any related offense in Washington, the Law Office of Erin Bradley McAleer is here to help. Our firm provides strategic, knowledgeable defense for individuals accused of obstruction and other criminal charges. We are committed to protecting your rights and ensuring you are treated fairly under the law. Contact us today to schedule a confidential consultation.