The First Amendment protects your right to record police officers performing their duties in public. That means photos and videos — and in most cases, audio too. You can record police in any public space or anywhere you are legally allowed to be.
Important note on audio: Some states have laws requiring everyone being recorded to consent (called ‘two-party consent’ or ‘all-party consent’ laws). States like California, Illinois, and Pennsylvania have these rules. This mainly matters for audio recordings. If you’re in one of these states, it’s worth looking up your specific state law. Video-only recording in public is far more straightforwardly protected everywhere.
Here’s what officers are generally NOT allowed to do: they cannot order you to stop recording, and they cannot confiscate your phone or demand to view your recordings without a warrant. That’s not opinion — the ACLU and multiple civil liberties organizations confirm this clearly. And even if an officer had a warrant, they still cannot delete your data under any circumstances.
One important limit worth knowing: this protection applies as long as you are NOT physically interfering with law enforcement operations. Recording from a safe distance while officers do their job? Fully protected. Getting in the way of an active arrest or blocking officers physically? That’s where it gets complicated and could give them legal grounds to act.
Also worth knowing: in most situations, officers cannot force you to reveal your phone’s passcode — this is an evolving area of law, but civil liberties organizations generally support this position.
A critical safety note: Even when you are legally in the right, escalating a confrontation with police in the moment can put you in danger. Your safety comes first. If an officer acts unlawfully, you can document it, report it, and seek help afterward. Knowing your rights matters — and so does getting home safe.
The key takeaway: if a police officer tells you to stop recording in public, you generally have the right to calmly say you are exercising your First Amendment rights. You don’t have to hand over your phone. You don’t have to delete anything. But always prioritize your personal safety, and follow up with a trusted adult or the ACLU if your rights are violated.