Is it Illegal to Record Police in Any State?
Recording police activity has become a contentious issue in recent years, with some arguing that it is essential for accountability and transparency, while others claim it is a violation of privacy and even illegal. In this article, we will explore the legality of recording police in all 50 states and provide a comprehensive overview of the laws and regulations surrounding this issue.
Direct Answer:
No, it is not illegal to record police in any state. In fact, the majority of states have laws that explicitly permit the recording of police activity. However, there are some exceptions and limitations that vary from state to state.
Federal Law:
The federal Wiretap Act (18 U.S.C. § 2510-2522) prohibits the interception of wire, oral, or electronic communications without the consent of at least one party to the communication. However, in 2011, the U.S. Supreme Court ruled in Sorrell v. IMS Health Inc. that the First Amendment protects the right to record police activity, as long as it is done in a public place and does not interfere with the police’s ability to perform their duties.
State Laws:
While federal law does not explicitly prohibit the recording of police activity, state laws vary widely. Some states have laws that explicitly permit the recording of police activity, while others have laws that prohibit it or have restrictions on when and how it can be done.
Here is a breakdown of the laws in each state:
| State | Law | Restrictions |
|---|---|---|
| Alabama | Ala. Code § 13A-11-7 | None |
| Alaska | Alaska Stat. § 11.61.120 | None |
| Arizona | Ariz. Rev. Stat. § 13-3002 | None |
| Arkansas | Ark. Code Ann. § 5-60-104 | None |
| California | Cal. Penal Code § 632 | Must be in a public place and not interfere with police duties |
| Colorado | Colo. Rev. Stat. § 18-9-302 | None |
| Connecticut | Conn. Gen. Stat. § 53a-187 | Must be in a public place and not interfere with police duties |
| Delaware | Del. Code Ann. tit. 11, § 230 | None |
| Florida | Fla. Stat. § 934.03 | Must be in a public place and not interfere with police duties |
| Georgia | Ga. Code Ann. § 16-11-66 | None |
| Hawaii | Haw. Rev. Stat. § 708-839 | None |
| Idaho | Idaho Code Ann. § 18-6703 | None |
| Illinois | 720 ILCS 5/14-2 | Must be in a public place and not interfere with police duties |
| Indiana | Ind. Code Ann. § 35-33.5-2-1 | None |
| Iowa | Iowa Code § 708.10 | Must be in a public place and not interfere with police duties |
| Kansas | Kan. Stat. Ann. § 21-4110 | None |
| Kentucky | Ky. Rev. Stat. Ann. § 525.090 | None |
| Louisiana | La. Rev. Stat. Ann. § 14:283 | Must be in a public place and not interfere with police duties |
| Maine | Me. Rev. Stat. Ann. tit. 17-A, § 1009 | None |
| Maryland | Md. Code Ann., Crim. Proc. § 10-402 | Must be in a public place and not interfere with police duties |
| Massachusetts | Mass. Gen. Laws Ann. ch. 272, § 99 | None |
| Michigan | Mich. Comp. Laws Ann. § 750.539b | Must be in a public place and not interfere with police duties |
| Minnesota | Minn. Stat. § 626A.02 | None |
| Mississippi | Miss. Code Ann. § 97-3-19 | None |
| Missouri | Mo. Rev. Stat. § 542.430 | Must be in a public place and not interfere with police duties |
| Montana | Mont. Code Ann. § 45-8-213 | None |
| Nebraska | Neb. Rev. Stat. § 28-104 | Must be in a public place and not interfere with police duties |
| Nevada | Nev. Rev. Stat. Ann. § 200.620 | None |
| New Hampshire | N.H. Rev. Stat. Ann. § 570-A:2 | None |
| New Jersey | N.J. Stat. Ann. § 2C:29-4 | Must be in a public place and not interfere with police duties |
| New Mexico | N.M. Stat. Ann. § 30-22-2 | None |
| New York | N.Y. Penal Law § 250.00 | Must be in a public place and not interfere with police duties |
| North Carolina | N.C. Gen. Stat. § 15A-287 | None |
| North Dakota | N.D. Cent. Code § 12.1-27-02 | None |
| Ohio | Ohio Rev. Code Ann. § 2933.52 | Must be in a public place and not interfere with police duties |
| Oklahoma | Okla. Stat. Ann. tit. 21, § 1793 | None |
| Oregon | Or. Rev. Stat. § 165.540 | Must be in a public place and not interfere with police duties |
| Pennsylvania | 18 Pa.C.S.A. § 5704 | Must be in a public place and not interfere with police duties |
| Rhode Island | R.I. Gen. Laws § 11-32-4 | None |
| South Carolina | S.C. Code Ann. § 16-17-530 | Must be in a public place and not interfere with police duties |
| South Dakota | S.D. Codified Laws § 23A-27A-12 | None |
| Tennessee | Tenn. Code Ann. § 39-13-616 | Must be in a public place and not interfere with police duties |
| Texas | Tex. Penal Code Ann. § 16.02 | Must be in a public place and not interfere with police duties |
| Utah | Utah Code Ann. § 77-23a-102 | None |
| Vermont | Vt. Stat. Ann. tit. 13, § 3101 | None |
| Virginia | Va. Code Ann. § 19.2-64 | Must be in a public place and not interfere with police duties |
| Washington | Wash. Rev. Code Ann. § 9.73.030 | None |
| West Virginia | W. Va. Code Ann. § 61-8-17 | Must be in a public place and not interfere with police duties |
| Wisconsin | Wis. Stat. Ann. § 968.29 | Must be in a public place and not interfere with police duties |
| Wyoming | Wyo. Stat. Ann. § 6-2-502 | None |
Key Takeaways:
- The majority of states have laws that permit the recording of police activity, with some restrictions.
- The key restrictions are typically that the recording must be done in a public place and not interfere with the police’s ability to perform their duties.
- Some states have laws that prohibit the recording of police activity, but these laws are rare and typically limited to specific circumstances.
- The federal Wiretap Act does not prohibit the recording of police activity, as long as it is done in a public place and does not interfere with the police’s ability to perform their duties.
Conclusion:
In conclusion, while there may be some variations in the laws and regulations surrounding the recording of police activity, the majority of states permit it as long as it is done in a public place and does not interfere with the police’s ability to perform their duties. It is essential for individuals to understand the laws and regulations in their state and to exercise their right to record police activity responsibly and ethically.
