Published October 6, 2026
Last reviewed October 6, 2026.
The short answer
In most of the United States, you have a First Amendment right to record police officers performing their duties in public. Most federal appeals courts that have ruled on the question agree, including the First, Third, Fourth, Fifth, Seventh, Ninth, Tenth and Eleventh Circuits. Courts have recognized this right in cases such as Glik v. Cunniffe (1st Cir. 2011), ACLU of Illinois v. Alvarez (7th Cir. 2012), Fields v. City of Philadelphia (3d Cir. 2017), Turner v. Driver (5th Cir. 2017) and Irizarry v. Yehia (10th Cir. 2022).
What the right covers
- Filming officers in public places: sidewalks, streets, parks, and the public areas of government buildings
- Recording traffic stops you are part of or witnessing from a lawful distance
- Recording audio as well as video of officers on duty in public, in most states
- Posting what you recorded
The limits
The right is not unlimited. Courts allow reasonable time, place and manner restrictions. In practice:
- Do not interfere. Stay far enough back that officers can do their work. If an officer gives a lawful order to move back, comply and keep recording from the new spot.
- Private property is different. A business or homeowner can ask you to leave, and refusing can be trespassing.
- Some government spaces are restricted. Secure areas, courtrooms and some interior offices can lawfully ban recording.
- State audio laws vary. A few states have strict eavesdropping laws. Courts have generally held that police on duty in public have no expectation of privacy, but know your state's rules.
How to film safely
- Announce that you are recording if asked, and keep your hands visible.
- Do not physically resist, even if you believe an order is unlawful. Challenge it later.
- You generally do not have to hand over your phone or unlock it without a warrant.
- Back up your footage to the cloud as you record, if you can.
- Note the officers' names, badge numbers and car numbers.
If your rights are violated
Write down everything while it is fresh, preserve your footage, request the officers' body camera video and reports with the CopFax records request generator, and talk to a civil rights attorney. You can also file a complaint.
CopFax is not a law firm and this is not legal advice. Laws change and vary by state.