Can you record the police? What the law generally allows

The short answer

In general, yes. Several federal appeals courts have recognized a First Amendment right to record police officers performing their duties in public places, as long as you do not interfere with what they are doing. That includes traffic stops, arrests on a sidewalk, and officers working a public event.

That said, “generally allowed” is not the same as “allowed in every situation.” Three things vary by state and by circumstance:

• Rules about recording private conversations, including whether everyone in a conversation must agree to be recorded.
• Rules about how close you can be to officers who are working.
• What counts as interfering or obstructing.

Because these details depend on your state, this guide covers the general picture and the habits that keep you on safe ground almost anywhere.

Recording when you are the one stopped

When you are the driver or passenger in a stopped car, you are part of the conversation, which matters under many state recording laws. Most people recording their own stop are in a different position from a bystander filming across the street.

The practical risk is not usually the law, it is the movement. An officer walking up to a car cannot tell a phone from something else in a dark footwell. Many people:

• Start recording before the officer reaches the window.
• Keep the phone in a dash mount or cup holder rather than holding it up.
• Say it plainly if they need to reach: “I’m going to start recording on my phone, it’s right here.”

Audio is often the most useful part of a stop recording. What was asked, what you answered, and whether you consented to anything are usually heard, not seen. A phone face down in a cup holder can capture that well. See Recording tips for clear audio.

Recording as a bystander

If you are recording someone else’s stop or arrest, distance matters most. Officers may give lawful orders to move back to keep a scene safe, and in some states there are specific rules about how close you may be.

Habits that generally keep bystanders on safe ground:

• Stay on a sidewalk or other public space, not in the roadway.
• Keep a clear distance and do not step between officers and the person they are dealing with.
• Do not touch officers, their vehicles or their equipment.
• If told to move back, move back and keep recording from the new spot.
• Avoid running commentary. It can drown out what officers are saying, which is usually what matters.

Filming from private property you do not have permission to be on can create a separate problem, so public spaces are the safer choice.

If an officer tells you to stop

Officers sometimes tell people to stop recording or to put the phone away. Whether that order was lawful is a question courts can answer later. The roadside is not the place to win that argument.

Many people respond calmly with something like: “I’m not interfering, I’d like to keep recording for my own records.” If the officer repeats the order or says you are under arrest, the safer choice is to comply and not resist. You can raise the issue afterward through a complaint or with a lawyer.

An officer generally needs a warrant to search the contents of your phone, and you can say you do not consent to a search of it. Do not physically pull the phone back if an officer takes it. Instead, note the officer’s name and badge number and what was said. If a recording is deleted or a phone is kept, that is something a lawyer will want to hear about. See How to file a complaint about an officer.

Protecting the recording afterward

A recording is only useful if it survives and is believed. A few habits help:

1. Stop the recording once the encounter is fully over, not partway through.
2. Back it up somewhere safe soon after, in case the phone is lost, damaged or taken.
3. Keep the original file unedited. If you need a short clip, make a copy and trim that.
4. Write down the date, time, location and who was present while you remember.
5. Think carefully before posting it publicly, especially if you may have a case. A lawyer may prefer it stays private for now.

Courts and attorneys pay attention to whether a file has been altered. An untouched original, kept with notes about when and how it was made, is much stronger than a clip that has been cut and shared. More in Keeping your recordings safe.

When a lawyer is worth a call

Most recordings never lead to any legal question. A lawyer is often worth talking to if:

• You were arrested, cited or threatened with arrest for recording.
• Your phone was taken, searched or wiped.
• Your recording captures something that may matter in a criminal case, a civil claim or a complaint.
• You are unsure whether your state’s rules on private conversations apply to what you recorded.

Bring the original file and your notes. An attorney who knows your state’s rules can tell you how the recording may be used and whether sharing it could cause problems. If you plan to file a complaint or request police video to compare with yours, a lawyer can also help you think about timing, since what you share and when can affect a pending case. See How to request bodycam footage.