Witnessing an Arrest

Bystanders can play an important role in protecting civil liberties. Know how to observe safely and effectively.

Your Right to Observe

In the United States, you have a First Amendment right to observe and record police activity in public spaces. This right has been affirmed by federal courts across the country.

What You Can Do

Observe from a Safe Distance

You can watch police activity from a distance that doesn't interfere with their work. Stay on public property (sidewalks, streets). Don't cross police tape or barriers.

Record Video and Audio

You can record police with your phone or camera in public spaces. You do not need permission. Police cannot demand you delete footage or seize your phone without a warrant.

Take Notes

Document details: time, location, officer badge numbers, patrol car numbers, what was said, and who else witnessed it.

Provide Your Contact Information

If you witness something concerning, offer your contact information to the person being detained (or their family/attorney later). Your testimony could be important.

What NOT to Do

  • Do not physically interfere — touching an officer or the person being detained can result in arrest
  • Do not get too close — maintain a reasonable distance (10-15 feet minimum)
  • Do not shout or escalate — this can make the situation more dangerous for everyone
  • Do not provide false information — but you can remain silent
  • Do not enter private property without permission to record

If Police Confront You

If told to stop recording:

You can calmly state: "I'm not interfering. I'm observing from a public space, which is my First Amendment right." Continue recording if you feel safe doing so.

Note: Even if they order you to stop, courts have ruled you have the right to record. However, your safety comes first. Use your judgment.

If told to move:

If an officer tells you to move back, comply and continue observing from a greater distance. Ask: "How far do I need to be?" Moving doesn't mean you have to stop recording.

If they try to take your phone:

State: "I do not consent to a search of my phone." Police generally need a warrant to search your phone. Do not physically resist, but clearly state you don't consent.

Best Practices for Recording

Technical Tips:

  • • Hold your phone horizontally for better footage
  • • Keep recording even if things seem calm
  • • Back up footage to cloud immediately after
  • • Use apps that auto-upload (ACLU Mobile Justice)
  • • Note the time verbally in your recording

What to Capture:

  • • Badge numbers and faces (if visible)
  • • Patrol car numbers
  • • Street signs or landmarks for location
  • • What officers and detainees say
  • • Any use of force

After Witnessing an Incident

Preserve Your Evidence

Back up recordings immediately. Do not edit the original. Write down everything you remember while it's fresh.

Report if Appropriate

You can file complaints with police oversight boards, the ACLU, or local civil rights organizations. Your documentation could help someone's case.

Be a Witness

If the person detained (or their attorney) contacts you, your testimony could be valuable. Keep your notes and recordings safe.

Resources