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August 14, 2024

Are You Allowed to Record Police in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

While there is no definitive yes or no that applies to all situations, in this article we explain whether if are you allowed to record police and how the law relates to police recording in various circumstances. For example, recording a video and recording a phone call are governed by different rules and regulations.

At Pointer& Buelna, LLP, Lawyer for the People, we want everyone to be as educated as possible about their rights and how to best hold police accountable. As California Police Brutality Lawyers, we are deeply passionate about protecting people from abuse of power by law enforcement.

Your First Amendment Right to Record Police

The First Amendment to the United States Constitution grants citizens the right to freedom of speech and expression. This includes the right to openly record events that are of public interest, such as interactions with law enforcement officers. Nothing is more transparent than video footage of an incident of police brutality—these videos made a huge impact in the Rodney King and George Floyd cases. 

California’s Two-Party Consent Law and Its Implications

In California, two-party consent laws generally require agreement from all parties before recording. However, when it comes to public officials like police officers performing duties in public spaces, you are allowed to record without their consent. This becomes especially important when documenting police brutality.

When asking, are you allowed to record police, remember that public spaces and official duties allow you that right. Exercising it responsibly ensures your recordings stay legally protected.

While two-party consent covers private conversations, it doesn’t shield public officials from accountability. Courts have upheld your right to film officers in public, reinforcing freedoms that matter when standing up against police misconduct.

Overview of California Penal Code 632

California Penal Code § 632 makes it a crime to eavesdrop on or record a confidential communication without the consent of all parties, using any electronic device. Under AB 1671, California law also criminalizes the disclosure or distribution of such recordings, especially when they involve health care providers, unless specific legal exceptions apply. However, conversations occurring in public places, where no expectation of privacy exists, are generally not protected under this statute. As a result, recording a police officer performing public duties does not typically violate this law, particularly when addressing concerns about police brutality. 

Under Penal Code 632, a communication is confidential only if there is a reasonable expectation of privacy. A police officer directing traffic, speaking with civilians on a public street, or overseeing a protest does not have that expectation. Keeping this in mind helps individuals better understand their rights when recording law enforcement.

Exceptions for Recording Police Officers

You generally have the right to record public police activity, but there are important limits. If your recording disrupts police operations or creates a safety hazard, officers may order you to stop. Staying calm and respectful protects your rights and helps you gather strong evidence.

Keeping a safe distance and avoiding interference helps you avoid obstruction charges. If an officer tries to intimidate you, standing firm yet polite makes all the difference. When documenting police brutality, patience and focus are your best tools.

Understanding when you are allowed to record police becomes limited due to interference issues is essential. Knowing the boundaries can help you stay protected while capturing vital evidence.

When Recording Police is Permissible

In most cases, recording a video of the police when they are in public places in the line of duty is protected by the First Amendment. As long as you are not interfering with law enforcement activities or violating other laws, you have the right to record police interactions. This right extends to both video recording and audio recording. California law also permits recording a traffic stop from inside your vehicle, even if it is not necessarily happening “in public.”

When Recording Police Becomes Criminal

California has strict laws regarding eavesdropping and wiretapping. You can not secretly video record or audio record cops. Your camera needs to be out in the open, not hidden. It is illegal to record private conversations and phone calls without the consent of all parties involved. So, for example, if you are recording a conversation with a police officer that involves private, non-public information, you may be breaking the law.

Potential Legal Risks and Limitations

Although you have the right to record police interactions, if you do it in a way that irritates the cop, you can fully expect to be arrested. The arrest won’t likely stick as you are well within your rights, but irritating the bull is going to get you the horns. If you are taking a video from a safe distance and it is not clear that you are recording, law enforcement may perceive your actions as a threat. Stay calm and clearly state that you are exercising your First Amendment right to record. Also, be aware that certain areas may have restrictions on photography or videography, such as courthouses or military installations.

Guidelines for Safely Recording Police Interactions

We always recommend following key guidelines when recording police activity:

• Stay at a safe distance to avoid interfering.
• Clearly hold your phone or camera where it’s visible.
• Do not physically interfere with police work.
• Politely assert your right to record if questioned.
• Use apps that upload recordings to the cloud in real time.

Additionally, narrating the situation as you record can create an extra layer of evidence. Verbally describing your location, the actions of officers, and the time and date while filming can help establish credibility if the footage becomes part of a legal case.

Can the police delete my photos or videos?

No, the police cannot legally delete your photos or videos. Law enforcement officers cannot force you to show them your footage without a warrant. While they may temporarily seize your device under specific circumstances, they are prohibited from erasing any recordings. Protecting your footage is crucial; if an officer attempts to tamper with your evidence, it can lead to additional legal consequences against them.

To better protect your recordings, lock your device automatically and use apps that back up footage to cloud storage. If officers seize your phone, they must return it or a copy of the data within a few days. Knowing your rights helps safeguard crucial evidence.

How to Handle Police Retaliation

If you find yourself facing police retaliation for recording them in the line of duty, do what they ask of you, stay silent, and contact Pointer & Buelna, LLP as soon as you can. Know that false arrest and police retaliation are grounds for a lawsuit, so comply and try your best to remember and record all the details. 

Contact a California Police Brutality Lawyer for Legal Advice

If you legally recorded police while on the job in public, our effective California police misconduct lawyers can help you fight this fight! Contact us now to schedule a free case review and legal consultation. 

Call a police misconduct lawyer near you in California:

• Police misconduct attorney in Los Angeles
• Police misconduct attorney in Fresno
• Police misconduct lawyer in Modesto
• Police misconduct attorney in Sacramento
• Police misconduct attorney in Oakland
• Police misconduct lawyer in the Inland Empire area