In general, people have a First Amendment right to record police officers performing their duties in public, as long as they do not interfere. Rules for recording other people and places vary.
What is generally allowed
- Recording video of officers in public spaces.
- Recording people in public where there is no reasonable expectation of privacy.
- Recording from private property if you have permission.
Limits
- You cannot interfere with police operations or obstruct an arrest.
- Audio recording laws in some states require consent from the people being recorded in private conversations.
- Restrooms, locker rooms and similar areas are private.
- Police can lawfully give orders to move for safety.
Practical tips
- Stay at a safe distance and remain calm.
- Tell officers you are recording if asked, and do not argue.
- Do not hand over your phone. Officers generally need a warrant to search it.
- Upload the video to a safe place afterward.
- Write down what happened and any badge numbers.
If your rights are violated
Note names and badge numbers, collect witness information and consult a civil rights attorney or organization. Complaints can be filed with the police department's internal affairs office. See our guide to your rights during a police stop.
Frequently asked questions
Can police delete my video?
No. They cannot lawfully delete your recording without a court order.
Can I record in a store?
The owner may set rules, and you can be asked to leave, but recording itself is typically not a crime.