Right to Record Police
Your First Amendment right to film officers performing public duties — established in most circuits but still contested on the ground.
What It Is
The right to record police officers performing their duties in public is protected by the First Amendment. Multiple federal circuits have recognized this right, and the trend is toward universal recognition.
Circuit Recognition
As of 2024, the following circuits have explicitly recognized the right to record police:
- First Circuit — Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) — “A citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, First Amendment liberty.”
- Third Circuit — Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017)
- Fifth Circuit — Turner v. Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017)
- Seventh Circuit — ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012)
- Ninth Circuit — Recognized in multiple unpublished decisions
- Tenth Circuit — Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022)
- Eleventh Circuit — Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000)
The Limits
The right is not absolute:
- You can’t interfere with police operations
- You can’t cross police lines or enter restricted areas
- Officers can establish a reasonable perimeter
- Recording inside a private home or during an undercover operation may not be protected
The Practical Problem
Despite clear legal protection, officers still arrest, detain, or intimidate people for recording. Common pretexts:
- “Obstruction” or “interference”
- “You’re in a crime scene”
- “I didn’t give you permission to record”
- “Stop recording or I’ll arrest you”
None of these typically justify stopping you from recording in a public space at a reasonable distance. If arrested for recording, you have potential claims for false arrest and First Amendment retaliation.
What to Do If Confronted
- Stay calm and don’t physically resist
- State clearly: “I have a First Amendment right to record”
- Don’t stop recording if you can safely continue
- If arrested, don’t consent to a phone search (request a warrant)
- Immediately upload or back up footage to the cloud
Key Cases
- Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) — Seminal right-to-record case
- Turner v. Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017) — Right to record clearly established in Fifth Circuit