Why Cops Hate Cameras: The Dash Cam Mystery and Your Right to Record

By: John Guidry

Yea, maybe “hate” is too strong a word, but why not… Let’s face it: government officials do not like technology because it allows the rest of the world to see what they’re up to. Remember Egypt? When the uprising came, the government tried to shut down the internet. Well, the same thing happens here in Orlando, just on a smaller scale.

The Case of the Vanishing Dash Cams A few years ago, all Orange County Sheriff patrol cars had video cameras running full-time. Unfortunately for them, this led to massive defense wins in DUI cases.

• The Problem: The video didn’t match the report.
• The Solution: The cameras mysteriously disappeared. Without video, the jury must simply take the word of the police officer regarding a defendant’s sobriety. Just another thing that makes you go “hum.”

Power to the People (Citizen Journalists) Even with the removal of dash cams, cell phones have brought the power back to the people.

• The Question: Is it legal to videotape an officer doing his job in public?
• The Answer: YES.

Every Circuit Court of Appeals to address this issue (First, Fifth, Seventh, Ninth, and Eleventh) has held that there is a First Amendment right to record police activity in public.

“Simply put, the First Amendment protects the act of photographing, filming, or otherwise recording police officers conducting their official duties in public.” — Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017).

Did an officer seize your phone or arrest you for filming?

You have First Amendment rights. Call John today at (407) 423-1117.

John’s 2026 Update: The “Halo Law” & Smart Glasses

Note: In the past, the debate was whether filming was legal. In 2026, the debate is about how close you can stand.

1. The “Halo Law” (25-Foot Rule) Effective January 1, 2025, Florida enforced Senate Bill 184, known as the “Halo Law.”

• The Law: It is a Second Degree Misdemeanor to approach or remain within 25 feet of a first responder (police, fire, EMT) after receiving a verbal warning to back away.
• The Trap: Officers use this to stop you from filming. They don’t say “Stop filming” (which is illegal); they say “Back up 25 feet for my safety.”
• The Defense: If you were already 25 feet away, or if the officer walked toward you to close the gap, we argue that the officer created the violation, not you.

2. Smart Glasses (The Stealth Record) Because holding a phone up is often cited as “Obstruction” or “Interfering,” many of my clients now use Smart Glasses (like Ray-Bans/Meta) to record traffic stops.

• The Benefit: It looks like you are just looking at the officer. You aren’t “shoving a camera in their face,” which lowers the temperature of the interaction while still capturing the evidence.

3. Live Stream or Lose It Under the Halo Law, if you are arrested for violating the buffer zone, your phone is seized as “Evidence of the Crime.”

• The Reality: Phones seized as evidence sit in an evidence locker for months. Sometimes, files get “corrupted.”
• The Fix: You must set your camera to auto-upload to the Cloud (ACLU Mobile Justice app or Instagram Live). If the footage isn’t in the cloud the moment the cuffs go on, you may never see it again.

Film, But Back Up

You have the right to film, but you do not have the right to interfere. In 2026, the magic number is 25 feet. Stand back, say nothing, and let the camera do the talking.

Call me at (407) 423-1117. Let’s recover the footage.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.