Am I required to show ID while walking or videotaping a police officer?

Police officers have a right to identify people.

This is a good question and one that comes up often. I work with independent media, many of whom regularly live stream the police using camera phones to Ustream. What we have found is that in most instances, if the streamer conducts him or herself in a professional manner, the police tend to leave them alone. The important thing is not to speak to the police while you are videoing and to know when to keep quiet and how to keep your distance. Some of the most prominent live streamers have given the advice that, if the situation is very intense, to hold your camera high over your head so you get the shot, but also to identify yourself as a person who is there for the purpose of shooting video. It also helps if you can get a press pass of some sort, to identify that you are present for that purpose. If you are out regularly shooting video, the police get to know you and will generally leave you alone, more or less.However, please be aware that there is risk in videoing police. I know many independent journalists who have been hit, arrested, spent days in jail, had their phones smashed, have been raided at gunpoint, been shot at by police using less-lethal weapons, been in places where police used tear-gas, pepper spray, an LRAD, dogs, and so forth. If you plan to get in the thick of it, you may want to first assist someone else, so you get the hang of how to get great video while avoiding getting a smashed skull.Whether you are an independent journalist or just an ordinary citizen, if you see police brutality, I strongly encourage you to video it. I have seen horrific acts of brutality captured on video. These videos are incredibly important evidence that have had great impact. If you get arrested while doing this, you will be arrested while acting as a hero.Do you need to show an ID? If you are videoing police in action and have a press pass of any sort, it is a darn good idea to be wearing it. Aside from that, if the police ask you to show an ID or tell them who you are, the law on this is different in every state! In California, the police can ask you to see your ID, but you are not affirmatively required to show an ID. Therefore, the police may arrest you, but you will probably win the case later. However, you will still be spending hours to days in jail awaiting release. In California, the police can ask who you are, and while you are not affirmatively required to give your name, you will possibly be arrested for resisting, obstruction, or delay under California Penal Code Section 148.a(a). After arrests of large groups in Los Angeles, I have seen John Doe or Jane Doe listings in the arrest lists. These are people who refuse to give their names. They seem to be released as soon as someone bails them out, just like everyone else.If you give police a name, you must give a correct name. To identify yourself to police as another person or as a fictitious person is a misdemeanor under California Penal Code Section 148.9(a).The advice most often given by rights groups is that if the police ask you to identify yourself, to do so, because not doing so will lead to trouble for you. A few states affirmatively require people to show an ID. In other states, if you do not wish to show an ID, do not carry one on you. However, in some cases, this may result in arrest. You are never required, in any state, to answer any questions or give any information other than to identify yourself.

There may be several legitimate reasons for a law enforcement officer to ask for for your name, even when you're minding your own business. In some instances you are required to provide the information and in others you are not. Many people who are being videotaped without advanced warning want to know why they are being taped - officers are just the same. While it's a good idea to cooperate with the police, you are not obligated to turn over your tapes without a subpoena.