����ֱ��

The ever-expanding ability to instantly and accurately document everything, from the mundane to the meaningful, has increasingly become an important check against police officers who abuse their authority. From the 1992 beating of  to the 2020 murder of , citizen-recorded footage has shone a light on police brutality and misconduct and helped to hold accountable those sworn to protect and serve the public. That’s why ����ֱ�� is here to explain your First Amendment right to record public police activity.

Can I record on-duty police officers in public?

Every federal appeals court to address the issue has recognized a First Amendment right to record government officials like police officers engaged in their duties in public spaces through filming, photographing, and audio recording, subject only to reasonable time, place, and manner restrictions. That is, if you are lawfully present in a public space, the police cannot interfere with your recording solely because you are recording. Rather, there must be a legitimate law enforcement need to do so, like maintaining public and/or officer safety or protecting the integrity of an investigation. Any way in which police interfere with you recording them must actually address that need and leave open reasonable alternatives for documenting the events.

For instance, under the First Amendment, an officer cannot order you to stop livestreaming the arrest of a protester in a public park, but can order you to move to a different location if you are in the way of the officer(s) making the arrest. Similarly, an officer cannot stop you from filming a traffic stop, but can stop you from doing so in the middle of a busy street. In contrast, an officer can likely order you to stop recording a conversation with a confidential informant where that could compromise an ongoing investigation and/or put a life at stake.

In addition to First Amendment protection, some states, like , , , and , independently protect the right to record public police activity in their state constitutions or statutes.

Although an officer cannot lawfully arrest you for merely recording them or failing to comply with an unjustified order to stop recording them, not all officers follow the law. You may need to weigh the personal risks of being unlawfully arrested (and, potentially, having to defend charges) against the value of continuing to record.

Can I film the police if they stop or arrest me?

Your First Amendment right to record public police activity is not limited to situations in which you are a bystander — you can record your own encounter with the police. As discussed above, the police cannot stop you from recording them in public spaces, provided your recording is not interfering with the officers’ duties, creating a safety hazard, or implicating some other legitimate law enforcement need. Merely recording the police questioning you is unlikely to rise to that level. However, trying to record your own arrest may not be protected because it would interfere with the officer performing his official duties.

Do I need to inform an officer that I am recording?

You do not need to inform police officers that you are recording them performing their jobs in a public space. In public spaces, open and obvious recording generally (but not always) will not implicate the rights of private citizens, including those with whom the police are interacting. However, a private citizen may have some privacy rights in non-public spaces in which police officers may operate in public view.

Can the police confiscate or delete my recordings?

Police officers cannot confiscate your recordings, much less demand to view them, without a warrant. This is the rule even if they arrest you — absent a search warrant, the police may only hold your smartphone or other recording device for safekeeping as part of booking and detention procedures, but they may not look at its contents without a search warrant. And, even if the police have a warrant to search your phone, they cannot alter or delete your recordings under any circumstances.

Even so, it is best practice to protect your recordings by backing them up to a location other than the device itself. Most smartphones have this functionality built in, automatically uploading copies of whatever you record with the camera to  or . It is also best practice to securely encrypt your phone by using a strong passcode and disabling biometric unlock features like  or .

If an officer orders you to hand over your recordings or the device you used to create them, you should calmly but firmly tell the officer you do not consent and remind them you have a First Amendment right to record them in public. An officer cannot lawfully arrest you for refusing to comply with their order. However, as noted above, you should weigh the personal risks of being unlawfully arrested, including the risk that the officer may search you upon arrest, against the value of continuing to record.

What should I do if a police officer challenges my right to record them?

First and foremost, remain calm, keep your hands visible, and maintain a safe distance. You should politely but firmly remind any officer who tries to stop you from recording them in public that you have a First Amendment right to do so. You do not have to answer an officer’s questions, and you should not answer any questions other than to provide your name and other basic identifying information. You also do not have to consent to a search of yourself or your belongings.

You should ask the officer if you are free to leave. If the answer is yes, consider calmly and silently walking away. If not, you should unequivocally tell the officer, “I am invoking my right to remain silent and speak with an attorney.” If an officer tries to search you or your property, you should tell the officer that you do not consent to the search. As discussed above, it is best practice to have a strong password on your phone.

If you believe your rights have been violated, when you can, write down everything you can remember, including how many officers were present, their names, their badge and patrol car numbers, the agency they work for, and any other details about the encounter. If possible, get contact information for witnesses. Once you have all of this information, you can file a written complaint with the agency or a civilian oversight board. You can also contact ����ֱ��.