Legal Question in Civil Litigation in California

Re: Drug Users in TV, Video, and Film

People sometimes *are* arrested and prosecuted based upon the contents of documentary films. If you don't believe this happens, ask Michael Jackson.

Documentaries about illegal activities like drug sales are often less useful as evidence than they appear. It is usually not possible to prove that the substances shown in such films really are drugs, for example. Prosecutors would be hard pressed to prove their case beyond a reasonable doubt if they didn't have more tangible evidence to use against the defendants.

Police are not required to make arrests even when they know of evidence in a documentary. They generally want evidence strong enough to support a conviction, and they know that the films usually aren't enough.

That said, the people who appear in these films are putting themselves at risk. Even if the police and prosecutor don't think the film itself provides enough evidence, they can investigate further based upon what they learn from the film and may then be able to build a stronger case than they could have had the film not been made.

There is no law which protects the subjects of these films from being arrested, and there is no assurance you can give that being in the film won't come back to haunt them. The more detail your film reveals, the more likely it becomes that they will be arrested. Your subjects need to understand that they are taking a risk if they cooperate with you.

Instead of seeking guidance from lawyers, your best bet might be to contact some filmmakers who have made similar documentaries and ask how they dealt with this issue. They may have useful tips which attorneys -- few of whom are documentary filmmakers -- could not provide.

Good luck.