Filming ICE and Law Enforcement Can Help Protect People’s Rights

 Posted on February 21, 2025 in Criminal Defense

Since President Donald Trump has assumed office, his administration has stepped up efforts to remove illegal and undocumented immigrants from the United States. Immigration and Customs Enforcement (ICE) has detained thousands of people, and the administration is looking to increase these efforts and perform more deportations. 

As ICE performs raids of people’s homes and workplaces and arrests or detains people who are suspected of being illegal immigrants, many people have raised concerns about potential violations of people’s rights. For people who want to combat abuses of authority and help uphold the U.S. Constitution, filming ICE agents or other law enforcement officials is one of the most effective methods. 

People who take videos of law enforcement officers will need to understand their rights. In situations where people’s rights are violated or they are arrested while engaging in constitutionally-protected actions, a Connecticut defense attorney with experience addressing law enforcement misconduct can be an invaluable ally. A lawyer can provide a defense against criminal charges while taking action to hold law enforcement officials responsible for violations they have committed.

Know Your Rights When Recording ICE Agents or Police Officers

There are many reasons why people may want to record the actions of law enforcement. Doing so can document violations of people’s rights, abuses of authority, or other forms of misconduct, and can help ensure that officers and government agencies are held accountable for their actions. These recordings can also help maintain transparency and inform the public about actions being taken by ICE or other agencies. 

Under the First Amendment, people have the right to capture images and videos of anything that is in plain view in public spaces. While some law enforcement agencies have tried to limit these types of recordings, the United States Justice Department has stated that people not only have a right to record officers who are performing their duties in public locations, but that doing so helps promote accountability for law enforcement while increasing confidence in law enforcement officials. Police officers or ICE agents should not order someone to stop recording, and they cannot seize devices or order someone to delete photos or videos unless they have a warrant.

In general, a person can take videos of ICE agents or other officials while they are detaining people or making arrests in public. However, they cannot interfere with a law enforcement official’s duties. An officer may order someone to move away from the scene and stand a safe distance away. The required distance may vary depending on state laws or local policies, and a person may need to keep enough distance to make sure they are not interfering with officers.

A person generally cannot be arrested for taking videos of law enforcement unless they are interfering with an officer’s duties or have violated another law. If officers tell someone to stop filming, they can assert their rights, and if they are stopped by law enforcement, they can ask if they are being detained and state that they do not consent to any search or seizure. If a person is arrested, police will only be able to search a phone or camera or confiscate photos or videos if they have a warrant. While a person does not have to comply with requests to delete photos or videos, they can make sure their devices are password protected rather than using fingerprint or face identification to ensure that officers cannot access devices without their permission.

Contact Our Connecticut Criminal Defense Attorneys

While you have rights when interacting with ICE agents or other officers, some officials will not always respect these rights. You may be wrongfully arrested after engaging in activity protected by the Constitution, or you may be subject to mistreatment such as excessive force. At Woolf & Ross Law Firm, LLC, our Hartford, CT criminal defense lawyers can address any charges you may face in these situations, and we will help you protect your rights and address any misconduct that has occurred. To get the legal representation you need as you fight against government overreach and the abuse of power, contact us at 860-290-8690 and schedule a free consultation today.