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NC law is hazy when it comes to filming officers

Just about everyone takes their cellphone camera for granted, but did you know there is nothing in state law that gives you the right to record a police officer?
A man attacks a Randolph County Sheriff's deputy with a knife.

CHARLOTTE, N.C. -- There was some dramatic video captured on a body camera worn by Randolph County sheriff's deputies showing a suspect trying to stab a deputy.

Many people will never forget the dramatic cellphone video resulting in the arrest of North Charleston police officer after he allegedly shot a man running away from him.

In North Carolina, legal experts say that one of these examples would be protected filming; the other is not.

Just about everyone takes their cellphone camera for granted, but did you know there is nothing in state law that gives you the right to record a police officer?

"As far as recording goes, North Carolina does not have any specific prohibition on a person's right to record," assistant public defender Elizabeth Gerber told NBC Charlotte.

The problem is, the law doesn't say you can or you can't. State Rep. Rodney Moore is working on a fix that would spell out a person's right to record.

Defense Attorney Rick Winiker says people have been arrested for recording officers, and police have a lot of latitude when it comes to obstruction.

"An officer can bring whatever charges they have probable cause to bring. Now the question is later, whether or not a judge or jury agrees," he said.

Gerber says if an officer tells you to stop recording and you are not trespassing or getting in the way of the police you have to decide if it's worth it to continue.

"I would recommend that you keep recording at that point, but you have got to be smart about it. If you feel in danger you got a decision to make," she said.

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