Can You Record the Police in California?

Attorney Seth Morris

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Constitutional Rights

Criminal Defense

Written by Attorney Seth Morris

The widespread use of smartphones has made recording public interactions more common, including encounters with law enforcement. Many people wonder whether they have the legal right to record police officers in California, and if doing so could lead to legal trouble.

While the First Amendment protects the right to record public officials, including police officers, there are important legal limitations to consider. Understanding these laws is crucial to avoid unnecessary legal consequences. This article will explain the legality of recording the police in California, the exceptions to this right, and what to do if law enforcement tries to prevent or punish you for recording.

Is It Legal to Record the Police in California?

Yes, in California, it is generally legal to record police officers in public spaces where there is no expectation of privacy. Officers performing their duties in public are not exempt from being recorded, and citizens have the right to document these interactions as long as they do not interfere with law enforcement operations.

The First Amendment protects the right to record public officials, including law enforcement officers, as long as they are in a public setting. This protection has been upheld in various court cases, as recently as 2011 in Glik v. Cunniffe, which affirmed that recording public officials in a public place is a constitutional right.

California’s Two-Party Consent Law

Under Penal Code 632, California is a two-party consent state, meaning that recording private conversations without all parties’ consent is generally illegal. However, this law does not apply when recording public officials, such as police officers, performing their duties in public where there is no reasonable expectation of privacy.

When Are You NOT Allowed to Record the Police?

While recording the police is generally legal, there are some important exceptions and limitations:

Obstruction of Justice (Penal Code 148(a)(1))

Even though you have the right to record, interfering with an officer’s duties could lead to an arrest for obstruction of justice under Penal Code 148 (a)(1) . Examples of obstruction include:

Standing too close to an officer during an arrest or investigation
Refusing to comply with an officer’s order to step back
Physically interfering with law enforcement actions

Wiretapping & Private Conversations

While recording police in public is allowed, secretly recording a private conversation between officers or using a concealed recording device could violate California’s wiretapping laws.

Courtrooms & Restricted Areas

Recording is typically prohibited in courtrooms, police stations, and other restricted areas without prior authorization. Judges and officials have the discretion to limit recordings in these settings.

What If the Police Tell You to Stop Recording?

Unless you are interfering with their duties, police officers cannot legally force you to stop recording. If an officer demands that you stop, remain calm and politely assert your rights. If an officer claims that recording is illegal:

Remain respectful but firm in asserting your right to record.
If confronted, state that you are exercising your First Amendment rights.

Unlawful Arrests & Seizure of Phones

Police officers cannot delete your recordings or confiscate your phone without a valid warrant. If an officer unlawfully seizes your device or deletes footage, you may have grounds for legal action.

What to Do If You Are Arrested for Recording

If you are arrested for recording the police:

Remain Silent & Request an Attorney: Do not argue with the officer—invoke your right to remain silent.
Document the Incident: Write down all details as soon as possible, including witness information.
Seek Legal Help: A criminal defense attorney can challenge an unlawful arrest and protect your rights.

Can Police Take or Delete Your Recordings?

The Fourth Amendment protects against unlawful searches and seizures, meaning police cannot take your phone without a warrant. Additionally, the Fourteenth Amendment ensures due process, protecting you from having evidence deleted without legal justification.

Officers must obtain a valid warrant before accessing or deleting any recordings on your device. Deleting footage without legal authority is a violation of your constitutional rights.

What to Do If Your Phone Is Taken

If an officer unlawfully searches your phone or deletes recordings, document the incident and note the officer’s name and badge number. You should also request a receipt or documentation of the seizure. Then, contact a criminal defense attorney immediately for legal advice.

Best Practices for Recording the Police

To safely and legally record law enforcement, consider the following best practices:

Keep a Safe Distance: Avoid standing too close or interfering with an investigation.
Announce That You Are Recording: This reduces misunderstandings and prevents accusations of secret recording.
Livestream or Backup Footage: In case your device is confiscated or destroyed, consider using live-streaming apps.
Be Aware of Your Surroundings: Ensure that you are legally in a public space and not trespassing.

Arrested for Recording the Police in CA? Contact Morris Law

If you have been arrested for recording the police or had your phone unlawfully confiscated, Morris Law can help. Our experienced California criminal defense attorneys will assess your case, protect your rights, and fight for the best possible outcome.