Documentation Best Practices

In the fight for civil rights, documentation is one of the most powerful tools available. Whether you’re a bystander, victim, or advocate, knowing how to effectively document and preserve evidence of civil rights violations can be critical for legal action, public awareness, and long-term change.

Below, we outline essential best practices for recording and safeguarding this type of vital evidence.

KNOW WHAT TO DOCUMENT

Civil rights violations can take many forms, including discrimination, harassment, abuse of power, or unlawful arrests. When documenting these incidents, include:

• Time, Date, and Location – Be specific.

• Names and Badges – If law enforcement is involved, try to get names and badge numbers.

• Detailed Descriptions – What happened, who was involved, and how it unfolded.

• Witness Information – If others were present, record their contact information (with permission).

• Photographs or Video – Capture the scene clearly, without interfering with law enforcement or placing yourself at risk.

USE VIDEO WISELY

Smartphones have made it easier than ever to record interactions in real time. Keep these tips in mind:

• Start Early – Begin recording as soon as you sense a problem.

• Hold Steady – Keep the frame focused and minimize shaking.

• Record Continuously – Avoid cutting the video unless necessary.

• Narrate Facts – State the date, time, and what's happening as you record.

• Back Up Immediately – Save the video to the cloud or another device to prevent loss.

WRITE IT DOWN

Memory can fade, especially after traumatic events. As soon as it’s safe, write a detailed account of the incident. Include:

• Your perspective and role (witness, victim, etc.).

• Emotional and physical reactions.

• Any interactions before, during, and after the incident.

• Time-stamped written accounts can be valuable supplements to visual evidence.

PRESERVE EVIDENCE SECURELY

Evidence is only useful if it remains intact and accessible. Follow these preservation strategies:

• Use Secure Apps – Some apps like Signal or ACLU’s Mobile Justice allow for encrypted, auto-uploaded footage.

• Save Redundantly – Keep copies on multiple devices or cloud platforms.

• Avoid Editing Originals – Always keep raw files; edited versions can be questioned in court.

• Organize Clearly – Label files with dates and descriptions so they’re easy to locate when needed.

KNOW YOUR RIGHTS

While documenting, you still have legal responsibilities and protections:

• You have the right to record public officials in public spaces (in most states).

• You do not have to hand over your phone unless law enforcement has a warrant.

• Do not interfere with police work – maintain a safe distance and avoid escalation.

• Check your state’s specific laws on recording and consent to ensure compliance.

WHY IT MATTERS

Effective documentation empowers victims, supports legal claims, and shines a light on injustice. It’s not just about evidence—it’s about accountability. Civil rights litigation often hinges on clear, timely, and trustworthy records.