Being a witness to a civil rights violation, particularly instances of excessive use of force by law enforcement, doesn’t have to be a passive experience. The decision you make in the moment of witnessing a violation of someone’s constitutionally guaranteed civil rights can impact whether or not justice will be served. Witnesses provide critical evidence, yet they also face risks—especially when the perpetrators are in positions of authority. Though it is uncomfortable and scary, understanding how to effectively “witness” – in other words DOCUMENT – such events will help keep you safe and on solid legal footing.
Are you a Bystander or a Witness?
When people witness an injustice in America, they often assume someone else will step in or take action. This psychological phenomenon, known as the bystander effect, leads to inaction at the moments when intervention is most needed. Overcoming this requires an active decision to engage. If in the presence of even a potential civil rights violation at the hands of law enforcement, don’t assume someone else will document it or help the person involved. YOU are that person. Being present and attentive is the first step in holding violators accountable. A lack of action allows misconduct to continue unchecked.
Know Your Rights When Recording Police Interactions
Recording public interactions with law enforcement is legal in Missouri (and the rest of the United States, thanks to the First Amendment). However, understanding the limits of that right can prevent unnecessary legal trouble. It is allowable to record police officers in public spaces as long as you do not interfere with their duties.
Officers or even other bystanders may attempt to intimidate and demand that you stop filming, however, you can not be forced to stop recording, delete recordings or take your recording device without a warrant. If approached while recording, remain calm and non-combative, respectfully assert your right to record, and ensure footage is automatically being backed to the cloud in case of confiscation or deletion. Knowing and exercising this right responsibly ensures that your documentation can be used to challenge civil rights violations in court.
Make Your Presence Known
Excessive use of force often happens in situations where authority figures feel nobody will hold them accountable. Making it clear that someone is watching and recording can sometimes deter misconduct before it escalates. This does not mean confronting or interfering with officers but rather standing at a safe distance and visibly documenting what is happening.
If possible, narrate what you see while filming so that your recording captures not only video but also context. Calling out details such as the time, location, and behavior you are witnessing can be invaluable later. However, always prioritize your safety and assess the situation before making yourself visible.
You can also recognize the presence of others who are recording and even share contact information to ensure that all available documentation is able to be tied to the incident in question.
Violence ≠ Violence
When a civil rights violation escalates to physical aggression, intervening with physical force is not the answer. Officers have the law and authority in their favor – physical engagement on your part can unnecessarily escalate the situation, putting the targeted individual and yourself at greater risk.
Focus on de-escalation by continuing to record, calling for additional witnesses, and remaining as calm as you can. You won’t be able to help someone as effectively if you’re in jail (or worse).
Preserve Your Status as a Witness = Protecting the Civil Rights of Others
Engaging in conduct that could be seen as obstructive or resistance may lead to your arrest and credibility, which can compromise the very evidence you are trying to preserve. Use your access by providing clear documentation and avoid behaviors that could be misinterpreted. If you find yourself in legal trouble after witnessing or recording a civil rights violation, KW Law is here to help.
Whether you are a witness to a civil rights violation and had your own rights violated in the process or are a victim of a separate civil rights violation in St. Louis, contact KW Law to protect your rights and defend your future.