Legal Question in Criminal Law in Kansas

I would like to know if I can legally refuse when a cop requests that I stop filming. this is the law I am worried about.

"21-3808: Obstructing legal process or official duty. (a) Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.

(b) (1) Obstructing legal process or official duty in the case of a felony, or resulting from parole or any authorized disposition for a felony, is a severity level 9, nonperson felony.

(2) Obstructing legal process or official duty in a case of misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case is a class A nonperson misdemeanor."

If it is in a public place can I legally refuse to stop filming.


Asked on 5/01/13, 4:58 pm

1 Answer from Attorneys
Anthony Smith LawSmith

The filming, while in public area, not obstructing the officers duties, probably would not violate the statute you provided, and probably not any ordinances. But, distributing the video could subject you to civil liability from an arrestee.

Good luck

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Answered on 5/02/13, 1:32 am


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