Although incitement, it is not illegal to whip out your phone and begin recording an officer who is in the process of arresting someone. Of course, if you're attempting to record an officer who is arresting you then it may constitute some form of disorderly conduct or resisting arrest and thus we advise you do not do this. That being said, although it is not inherently illegal to record an officer arresting someone, that doesn't mean they won't arrest you. Yes the case may get dismissed, but was it worth it? That is something only you can answer in the heat of the moment. 

Here is the story of a man who decided to hit record, and got arrested for it:

http://www.nydailynews.com/new-york/nypd-accused-arresting-man-recording-video-cops-article-1.2675620

Did something similar happen to you? If so, contact us by clicking here. Or, go to RikersOnline.com if you need help filling out a notice of claim.