Situation card · Know your rights
Is it legal to record police? Your rights
What courts have said about recording police in public, how to do it without interfering, and what police can do with your phone.
The 10-second version: say this
- I am not interfering. I am recording from here.
- I do not consent to a search of my phone.
- Am I being detained, or am I free to leave?
Keep your hands visible. If an officer tells you to step back, step back.
Do
- Record from a public place, like a sidewalk.
- Keep a safe distance from officers.
- Hold your phone where officers can see it.
- Back up your video if you can.
Don't
- Don't get in the way of police work.
- Don't touch officers or their equipment.
- Don't hide your camera.
- Don't unlock your phone because you are asked.
What courts have said
- Many federal appeals courts have said the First Amendment protects recording police doing their jobs in public. As of 2026, at least 9 of these courts have said so.
- The Supreme Court has not ruled on this question directly.
- This right has limits. Police can set reasonable rules about where you stand, especially when they are working an active scene.
How to record without interfering
- Stand in a public place where you are allowed to be.
- Keep your distance. Do not block officers, people they are helping, or the path they need.
- If an officer tells you to move back, move back and keep recording if you can.
- Do not argue while you record.
- You can say out loud what is happening, like the time and place.
State laws can add rules
- A few states have passed laws that require people to stay a set distance from officers. Some of these laws have been challenged in court.
- Some states have stricter rules about recording sound. Recording openly, not secretly, is less likely to raise legal questions.
- Rules can change. Search "recording police" plus your state.
If police want your phone
- Police generally need a warrant to look through your phone.
- In some cases, police can hold your phone while they ask a judge for a warrant.
- Even after an arrest, police generally need a warrant to search your phone. The Supreme Court decided this in Riley v. California (2014).
- Police are not allowed to delete your photos or videos.
- Say: "I do not consent to a search of my phone." Do not physically resist if they take it.
- Many phones can upload video automatically to the cloud. Some apps do this too.
If you are arrested
- Say: "I want to remain silent. I want a lawyer." Then stop talking.
- Do not physically resist.
- Do not unlock your phone. Do not delete anything.
Common questions
Is it legal to record police?
Yes, in public, according to many federal appeals courts. They have said the First Amendment protects recording police doing their jobs in public. The Supreme Court has not ruled on this directly. Police can set reasonable rules about where you stand, and some states add rules.
Can police take my phone if I record them?
Sometimes. In some cases, police can hold your phone while they ask a judge for a warrant. They generally need a warrant to look through it, even after an arrest, under Riley v. California (2014). You can say: "I do not consent to a search of my phone." Do not physically resist.
Can police make me delete a video?
Generally, no. Police are not allowed to delete your photos or videos. They generally need a warrant to search your phone, under Riley v. California (2014). Many phones and apps can upload video to the cloud automatically, which keeps a copy.
Is it legal to record police with sound?
Usually, if you record openly in a public place. Some states have stricter rules about recording sound. Recording openly, not secretly, is less likely to raise legal questions. Rules can change, so search "recording police" plus your state.
How close can I stand when recording police?
It depends on your state and the scene. Police can set reasonable rules about where you stand, especially at an active scene. A few states have laws that require a set distance from officers, and some have been challenged in court. If an officer tells you to step back, step back.
What should I say if police ask why I am recording?
You can say calmly: "I am not interfering. I am recording from here." Keep your hands and phone where officers can see them. Do not argue while you record. If an officer tells you to move back, move back and keep recording if you can.
The law you are citing
First Amendment (1791): The government cannot punish you for speaking or for gathering and sharing information, including, many courts say, recording police in public.
Congress shall make no law... abridging the freedom of speech, or of the press
Fourth Amendment (1791): Police generally need a warrant to search your phone.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
Get help
- ACLU: Recording policeaclu.org/know-your-rights/recording-and-documenting-police-and-federal-agents
- ACLU: Know your rightsaclu.org/know-your-rights