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March 21, 2025

Is It Illegal to Record Police in Any State?

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

Recording police interactions can play a crucial role in exposing misconduct and ensuring accountability. These recordings provide powerful evidence, but it’s essential to understand your legal rights and responsibilities when documenting law enforcement, especially in California.

At Pointer & Buelna, LLP, we’re here to guide you through your right to record police, explain where and when it’s allowed, and answer common legal questions—like ‘Is it illegal to record police in any state?‘—to help protect your rights and your safety. Contact a police misconduct lawyer today if need legal support.

Understanding Your Rights When Recording Police

The First Amendment protects your right to record public officials, including police officers, as they perform their duties in public spaces. Federal courts have repeatedly upheld this right, recognizing recording as a form of free speech and public accountability.

However, knowing your rights is just the first step—exercising them responsibly is just as important.

• Keep your distance. Recording is legal, but interfering with police work isn’t. Stand back to avoid obstruction claims.
• Stay calm and composed. Confrontations can escalate quickly—remaining respectful helps protect your rights.
• Make your device visible. Secret recordings could raise legal concerns, especially in states with strict wiretap laws.
• Know your state’s laws. While the First Amendment provides strong protections, some states impose additional restrictions.

Is It Legal to Record Police Officers in Public?

Yes. If officers perform their duties in a public space without expectation of privacy, you have the right to record. Streets, sidewalks, and parks are fair game.

Police may enforce reasonable restrictions, requiring bystanders to maintain distance to protect crime scenes or public safety. If you’re on private property, you may need the owner’s permission.

Is It Illegal to Record Police in Any State?

While 38 states follow one-party consent laws—meaning only one person in a conversation needs to agree to be recorded—12 states, including Massachusetts, Illinois, and Pennsylvania, have stricter “all-party consent” laws.

Even in those states, courts have ruled that public officials, including police, do not expect privacy while on duty. This means openly recording officers in public is generally legal, but covert recordings may face legal challenges.

Under California law,  individuals have the legal right to record public officers while performing their duties in a public place. If the person recording is also in a location where they have a legal right to be, the act of photographing or making an audio or video recording does not violate the law. Furthermore, such recording does not constitute reasonable suspicion to justify a detention or probable cause to warrant an arrest.

Where and When You Can Record Police

You can record police as long as you’re in a location where you have a right to be—this includes public spaces or private property with owner consent. However, your rights do not permit:

• Trespassing on private property to film police activity.
• Interfering with law enforcement duties.
• Surreptitiously recording officers in states with stricter wiretap laws.

Law enforcement cannot confiscate or delete your recordings without a warrant. Such actions violate your Fourth and Fourteenth Amendment rights. Remember to secure backups of your recordings in case of potential device confiscation.

FAQs About Recording Police

Is it illegal to record police in California? 

No. California’s one-party consent law allows you to record officers performing public duties. They cannot claim privacy while working in public.

Can I be arrested for recording the police? 

Recording is legal, but officers may still arrest individuals if they believe recording interferes with their duties. These arrests may not hold up in court, but to avoid confrontation, maintain a safe distance and follow lawful orders.

Do I need consent to record audio of police officers? 

No. Police officers in California do not have a reasonable expectation of privacy while on duty in public spaces, so their consent is not required to record audio.

Protect Your Rights: Recording Police and Seeking Justice

If you’ve faced retaliation, harassment, or intimidation for documenting police misconduct or witnessed abuse and don’t know where to turn, the team at Pointer & Buelna, LLP – Lawyers for the People can help. Call (510) 929-5400 for a free consultation or visit us at our Los Angeles office, 640 W 5th St, Suite 2627, Los Angeles, CA 90071.