Brian Zeiger | | Malicious Prosecution, Monell Claim, Police Brutality
wrongful arrest banner

Can I take a picture of Police Making an Arrest?

For certain the answer is yes. The issue is what will the police officers do to you once they see you taking the picture, and what remedy you have against the police? There are two separate actions the police can take that may be actionable. If they assault you and/or break your camera. If they can arrest you for something.

If the police assault you, you have a claim for excessive force against the officers.

If the police arrest you, you have a claim for malicious prosecution.

In either instance, you may have a Monell Claim, that the police are failing to train their officers that people can photograph them arresting people.

I would guess the most common claim for these cases is some type of malicious prosecution where the plaintiff is being charged with disorderly conduct and winds up beating the case. The problem is that for a disorderly conduct only, the case is probably not worth much money. However, an Order from a judge directing the police to better train the officers on photographs and a cash award would be a very good outcome.

Author: Brian J. Zeiger | Criminal Defense and Civil Rights Lawyer
Brian Zeiger

With over 25 years of experience, Brian J. Zeiger draws on his knowledge and insight in criminal defense and civil rights to help those confronting an unjust criminal justice system. Mr. Zeiger has represented clients facing serious charges in state and federal courts. He has also represented clients in civil rights claims against police departments and the government in cases involving police misconduct, police brutality, false arrest, malicious prosecution, prison misconduct, prison denial of medical care, and prison medical malpractice. Expertise.com recognized Mr. Zeiger as one of the Best DUI Lawyers in Philadelphia in 2022. He is a highly sought-after criminal defense attorney who has been asked to provide training to fellow lawyers on topics such as trial advocacy, post-conviction relief, and driving-under-the-influence laws. He also served as a Hearing Officer for The Disciplinary Board of the Supreme Court of Pennsylvania.

With over 25 years of experience, Brian J. Zeiger puts his knowledge and insight in criminal defense and to help those confronting an unjust criminal judicial system.

Education: B.S.B.A. Accounting & Finance from Washington University of St. Louis, M.B.A. from Temple University, and J.D. from Temple University School of Law

Awards: Super Lawyer in the areas of Criminal Defense, White Collar, and Civil Rights, America’s Top 100 Criminal Defense Attorneys Recipient Award, National Trial Lawyers Top 100 Trial Lawyers and Top 40 Under 40, Client Satisfaction Award and 10 Best Attorneys by the American Institute of Criminal Defense Attorneys, Attorney and Practice Magazine’s Top 10 Criminal Defense Attorney – Philadelphia, and National Association of Distinguished Counsel – Nation’s Top 1% – Criminal Defense

Admissions: Supreme Court of New Jersey, United States District Court for the District of New Jersey, Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Western District of Pennsylvania, United States District Court for the Middle District of Pennsylvania, United States District Court for the Northern District of Ohio, United States District Court for the Western District of New York United States Court of Appeals for the Third Circuit, Supreme Court of the United States