EFF Guide to Recording Law Enforcement
6 hours ago
- Americans have a First Amendment right to record law enforcement officers, including police and federal agents like ICE and CBP, as affirmed by nine federal appellate courts.
- The right applies to recording officers performing official duties in public places, as well as in private places where the recorder has a legal right to be, such as their own home.
- Wiretap laws do not prohibit audio recording of law enforcement because officers on duty in public have no reasonable expectation of privacy.
- The right does not protect behavior that obstructs or interferes with law enforcement or public safety; officers may order you to move for safety reasons but not solely because you are recording.
- Recordings may face limitations if the officer is off-duty or in a private space you have no right to be in.
- Practical considerations include staying calm, standing at a safe distance, being aware of potential retaliation (arrest, device destruction, harm), and considering the sensitivity of arrests (e.g., immigration status).
- Law enforcement cannot search your phone or device without a warrant; you can refuse to unlock or provide passcode.
- Protect footage by using device encryption, strong passphrases, removing biometric locks, and enabling cloud saving for livestreams.