During an encounter with law enforcement, you may have one question in mind: Am I allowed to record the event? Whether you are doing so for your safety or to preserve evidence, understanding your rights can help you decide how to respond.
When is filming police protected?
Federal courts treat filming officers as a way to gather information and create speech, both of which fall within the First Amendment. In 2022, the federal appeals court whose rulings govern New Mexico held that the right to record police activity in public was clearly established, aligning with several other circuits that had reached the same conclusion.
This protection extends to members of the public as well as journalists, so you do not need press credentials to rely on it. You can generally film from a sidewalk, street or other place where you have a lawful right to remain, even if an officer objects to the camera.
Which limits apply?
Your right to record generally remains intact while you observe without disrupting police activity, but the following conduct may cross that line:
- Standing so close that you block an officer’s path to a suspect or active scene
- Refusing a lawful direction to move back from a hazard or active operation
- Crossing police tape or entering a restricted area
- Placing yourself between officers and the person they are addressing
These restrictions focus on your position and behavior, not the fact that you are using a camera. An officer may direct you to move when your presence disrupts the scene. If you refuse a valid order and continue to interfere, officers cam arrest you for resisting, evading or obstructing them.
What if the officer arrests you?
If police arrest or cite you following an attempt to record them, courts usually address the dispute later rather than at the scene. You may state that you wish to remain silent and speak with counsel instead of explaining what happened.
A lawyer can seek dismissal if the available evidence does not establish each element of the charged offense or move to suppress information obtained through an unlawful search of your phone. You might also have a civil rights claim if officers retaliated against you for recording, seized your device without legal authority or destroyed the footage.