EFF Guide to Recording Law Enforcement

• All Americans possess a First Amendment right to record law enforcement, including local police and federal officers such as ICE and CBP.
• This right covers public spaces and private locations where the recorder has a legal right to be.
• Recording is protected as long as it does not obstruct or interfere with effective law enforcement or public safety.
• Officers cannot legally order you to move solely because you are recording, nor can they force you to delete footage or unlock devices without a warrant.

Legal Standing

• Nine federal appellate courts have affirmed the right to record officers performing their official duties.
• Wiretap laws do not prohibit recording officers in public, as they have no reasonable expectation of privacy while performing their duties.
• Limitations include:
  • Prohibitions against physical obstruction or interference with police operations.
  • Police may order movement for legitimate public safety reasons.
  • Recording rights are restricted if an officer is off-duty or in private spaces where you lack a legal right to be present.

Practical Considerations

• Officers may retaliate or escalate situations; maintain a safe distance and remain calm and courteous.
• Be aware that officers may falsely accuse bystanders of interfering with or assaulting a federal officer.
• Protect sensitive footage by considering consent or blurring faces of those being arrested to protect their privacy.
• Device Security:
  • You have the right to refuse a request to review or delete recorded content.
  • You may refuse to provide a passcode or unlock a device; law enforcement requires a warrant based on probable cause to search your phone.
  • Strengthen security by disabling biometric unlocks, using strong passphrases, and ensuring device encryption is enabled via settings.