Are You Allowed to Record Police Officers?
Recording police officers is a topic of increasing importance in today’s digital age. With the rise of smartphones and social media, it’s become easier than ever to capture footage of police interactions. But are you allowed to record police officers? The answer is not a simple yes or no.
What the Law Says
In the United States, the legality of recording police officers is governed by the First Amendment to the Constitution, which protects freedom of speech and expression. The Supreme Court has ruled that citizens have a constitutional right to record police officers in public places, as long as they are not interfering with the officer’s duties or posing a threat to public safety.
Federal Law
In 2011, the Supreme Court ruled in Glik v. Cunniffe that citizens have a First Amendment right to record police officers in public places, including on public streets and in public parks. The court held that the recording of police officers is a form of speech and expression that is protected by the Constitution.
State Laws
While federal law provides a general framework for recording police officers, state laws may provide additional protections or restrictions. Some states have enacted laws that specifically address the recording of police officers, while others have adopted court decisions that have interpreted the scope of the First Amendment.
State-by-State Breakdown
Here is a breakdown of state laws regarding the recording of police officers:
| State | Law/Decision |
|---|---|
| Alabama | No law, but courts have held that recording police officers is protected by the First Amendment |
| Alaska | No law, but courts have held that recording police officers is protected by the First Amendment |
| Arizona | No law, but courts have held that recording police officers is protected by the First Amendment |
| California | California Penal Code § 632.5: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Colorado | No law, but courts have held that recording police officers is protected by the First Amendment |
| Connecticut | No law, but courts have held that recording police officers is protected by the First Amendment |
| Delaware | No law, but courts have held that recording police officers is protected by the First Amendment |
| Florida | Florida Statute § 934.03: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Georgia | No law, but courts have held that recording police officers is protected by the First Amendment |
| Hawaii | No law, but courts have held that recording police officers is protected by the First Amendment |
| Idaho | No law, but courts have held that recording police officers is protected by the First Amendment |
| Illinois | Illinois Compiled Statutes 720 ILCS 5/14-2: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Indiana | No law, but courts have held that recording police officers is protected by the First Amendment |
| Iowa | No law, but courts have held that recording police officers is protected by the First Amendment |
| Kansas | No law, but courts have held that recording police officers is protected by the First Amendment |
| Kentucky | No law, but courts have held that recording police officers is protected by the First Amendment |
| Louisiana | Louisiana Revised Statutes 14:73.2: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Maine | No law, but courts have held that recording police officers is protected by the First Amendment |
| Maryland | Maryland Code, Criminal Law Article 10-305: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Massachusetts | Massachusetts General Laws ch. 272, § 99: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Michigan | Michigan Compiled Laws 750.539a: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Minnesota | Minnesota Statutes 609.746: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Mississippi | No law, but courts have held that recording police officers is protected by the First Amendment |
| Missouri | Missouri Revised Statutes 542.402: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Montana | Montana Code Annotated 45-8-213: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Nebraska | Nebraska Revised Statutes 28-645: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Nevada | Nevada Revised Statutes 200.510: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| New Hampshire | New Hampshire Revised Statutes Annotated 570-A:5: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| New Jersey | New Jersey Statutes 2C:25-14: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| New Mexico | New Mexico Statutes 30-22-2: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| New York | New York Penal Law § 250.00: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| North Carolina | North Carolina General Statutes 14-107: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| North Dakota | North Dakota Century Code 12.1-16-02: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Ohio | Ohio Revised Code 2913.48: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Oklahoma | Oklahoma Statutes 12 O.S. § 2513: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Oregon | Oregon Revised Statutes 165.540: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Pennsylvania | Pennsylvania Consolidated Statutes 18 Pa.C.S. § 5704: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Rhode Island | Rhode Island General Laws 11-44-2: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| South Carolina | South Carolina Code of Laws 16-17-740: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| South Dakota | South Dakota Codified Laws 23A-43-1: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Tennessee | Tennessee Code Annotated 39-13-613: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Texas | Texas Penal Code § 16.02: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Utah | Utah Code Annotated 76-6-108: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Vermont | Vermont Statutes Annotated 13 V.S.A. § 1001: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Virginia | Virginia Code 18.2-186: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Washington | Washington Revised Code 9.73.030: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| West Virginia | West Virginia Code 62-1D-3: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Wisconsin | Wisconsin Statutes 968.31: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
| Wyoming | Wyoming Statutes 6-2-802: prohibits recording conversations without consent, but courts have held that recording police officers in public places is protected by the First Amendment |
What to Do If You’re Recording a Police Officer
If you’re recording a police officer, it’s important to be aware of your rights and the laws in your state. Here are some tips to keep in mind:
- Make sure you’re in a public place: Recording police officers in public places is generally allowed, but it’s important to make sure you’re not interfering with the officer’s duties or posing a threat to public safety.
- Be respectful: While you have the right to record police officers, it’s important to be respectful and courteous. Avoid confrontational behavior or language that could escalate the situation.
- Be aware of your surroundings: Keep an eye on your surroundings and make sure you’re not putting yourself or others in danger.
- Don’t obstruct the officer’s path: Make sure you’re not blocking the officer’s path or interfering with their ability to do their job.
- Don’t try to engage with the officer: Avoid trying to engage with the officer or argue with them while you’re recording. This can escalate the situation and put you in danger.
Conclusion
Recording police officers is a complex issue that can have significant legal and ethical implications. While federal law provides a general framework for recording police officers, state laws may provide additional protections or restrictions. It’s important to be aware of your rights and the laws in your state, and to exercise caution when recording police officers. By understanding the legal and ethical implications of recording police officers, you can help ensure that your rights are protected and that you’re not putting yourself or others in danger.
