Is it legal in California for an officer to confiscate your recording device if you are filming a traffic stop?

Prepare for the California DMV Online Traffic Violator School Test. Brush up your knowledge with flashcards, detailed explanations, and quizzes. Ace your exam with confidence!

In California, individuals have the right to record public events, including traffic stops, as long as they do not interfere with law enforcement's duties. Therefore, if someone is filming a traffic stop and is doing so without obstructing the officers or their actions, the officer cannot legally confiscate the recording device. This protection of recording is rooted in the First Amendment, which respects the right to free speech and the ability to observe and document public activities.

The other options do not align with the legal standards. The assertion that an officer can confiscate a recording device without conditions overlooks the individual's rights to record. Saying that an officer can take the device simply upon request disregards the legal protections individuals have. Lastly, the notion that only federal officers have the authority to seize recording devices is inaccurate; the law applies broadly, protecting citizens' rights against unlawful seizure regardless of the officer's jurisdiction.

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