Filming the Police: Your First Amendment Right | Official Hub Guide

The Right to Record

In the United States, federal courts have widely ruled that the First Amendment protects your right to photograph and record police officers performing their duties in public.

This right is critical. Video evidence has repeatedly exposed misconduct and protected innocent individuals from false charges.

The Rules of Engagement

While you have the right to record, there are strict limitations. If you violate these, you can be arrested for “Obstruction of Justice.”

1. Public Places Only

You can record in public spaces (streets, sidewalks, parks).

Private Property: If you are on private property, the owner can order you to stop.
Police Stations: You generally cannot record inside the secure areas of a police station.

2. Do Not “Interfere”

This is the most common reason for arrest.

Physical Distance: Stay back. A good rule of thumb is at least 10-15 feet.
Do Not Talk: Do not shout advice to the person being arrested. Do not distract the officers. Just film.
Do Not Block: Do not stand in the path of the officers or the squad car.

3. Audio Recording Laws

Video is protected, but audio can be tricky in “Two-Party Consent” states (like California or Florida) if the conversation is private. However, police officers in public generally have no expectation of privacy, so recording their audio is legal.

If the Officer Orders You to Stop

Officers often lie. They may shout: “Turn that camera off!” or “It’s illegal to record me!”

Your Response:

Do NOT Stop: Keep recording.
Calmly Assert: “Officer, I am recording from a safe distance as is my First Amendment right. I am not interfering.”
Back Up: If they approach you, step back slowly, but keep the camera rolling.

Can They Delete Your Footage?

ABSOLUTELY NOT. Police cannot confiscate your phone or delete photos without a specific warrant.

If an officer takes your phone, it is a Fourth Amendment violation.
Pro Tip: Use an app (like the ACLU Mobile Justice app) that automatically uploads video to the cloud. If they smash your phone, the video is already safe.

Tactical Summary

Hold Horizontal: Film in landscape mode for better legal utility.
Narrate Sparingly: State date, time, and location, then stay quiet. Let the video speak.
Capture Badges: Try to zoom in on badge numbers or patrol car license plates.

Recording is an act of civic duty. It holds power accountable.