Some People are Just Camera Shy

Just the other day, I was looking at police videos and I see one where a cop says, "it's illegal to record police."

Now, why would a cop say such a silly thing?

I mean, unless you're doing something sketchy, why would a police officer be so put off for being recorded?  

Many police officers claim it’s illegal to record them not because the law actually says that but because they just don't want you to.  

In the United States, the general rule is that recording police performing their duties in public is protected by the First Amendment to the United States Constitution, as long as you don’t interfere with their work.

So, outside of the interfereing with their work thing, what other reason might there be for police being nervous being recorded? 

1. Outdated or incomplete training

For years, the law around recording police was unsettled in some areas. But many federal courts have since ruled that citizens have a constitutional right to record police in public.  Examples include cases from federal appellate courts such as:

• Glik v. Cunniffe (653 F.3d 78 (1st Cir. 2011) – clearly recognized the First Amendment right to record police in public.

• Fields v. City of Philadelphia (862 F.3d 356 (3d Cir. 2017) – affirmed that recording police is protected even if the person filming isn’t directly involved.

• Turner v. Driver (848 F.3d 678 (5th Cir. 2017) – recognized the right to record police, though it granted qualified immunity to officers because the law wasn't clearly established earlier.

The problem is that many officers simply haven’t been updated on these rulings (or just don't care thinking they are untouchable).

2. Confusion with wiretapping laws

Police sometimes cite “wiretapping” or “two-party consent” laws in their zeal to prohibit recording them.  The problem is that those laws generally apply to private conversations, not public interactions with police.

For example:

• In ACLU v. Alvarez (679 F.3d 583 (7th Cir. 2012), Illinois tried to use its eavesdropping law against people recording police. The court ruled that applying the law this way violated the First Amendment.

The laws surrounding recording is pretty much the same in most states, for example:

In Utah, courts treat recording police in public as protected speech under the First Amendment.

Limits

• Must not interfere with police duties

• Must obey lawful orders to step back

• Cannot trespass or obstruct an investigation

As it relates to recording private conversations, Utah is a one-party consent state under Utah Code §77-23a-4, meaning you can record a conversation if you are a participant in it.

In Texas, you can record police activity visible from public spaces like sidewalks or roads.

Limits

• Cannot interfere with duties (Texas Penal Code §38.15)

• Must remain at a safe distance

• Cannot trespass or break other laws

Audio consent law: Texas is one-party consent under Texas Penal Code §16.02. Meaning you can legally record your own interaction with police.

In California, courts hold that officers have no reasonable expectation of privacy while performing duties in public. The state even passed a “right to record police” law confirming this.

Limits

• Cannot obstruct or delay officers (Ca. Penal Code §148)

• Cannot secretly record private conversations

Audio consent law:  California is two-party consent under Penal Code §632 for confidential communications (meaning that both parties much know that the conversation is being recorded).  Note that this rule does NOT apply to public police encounters because they are not confidential.

In New York, recording police in public is legal and explicitly protected.  New York law recognizes the right to document police activity without interference.

Limits

• Cannot interfere with police operations

• Cannot trespass or obstruct

Audio consent law: New York is one-party consent for recording conversations.

In Wyoming, recording police in public is legal under First Amendment principles.

Limits

• Cannot interfere with police

• Cannot trespass or violate other laws

Audio consent law: Wyoming is one-party consent.

In Indiana, recording police in public is legal if you are in a place you’re allowed to be and not interfering.  Indiana courts have specifically recognized a First Amendment right to record police activity in public.

Limits

• Cannot interfere with law enforcement duties

• Must comply with lawful safety orders

Audio consent law: Indiana is one-party consent.

Generally, if the officer is speaking in public while performing official duties, courts usually consider that NOT private.

3. “Interference” concerns

Recording can become illegal if it actually interferes with police duties. Officers sometimes stretch this idea.  For examples, a recording could legally become interference where the person recording is:

• Standing too close during an arrest

• Blocking movement

• Ignoring lawful safety orders

But simply filming from a reasonable distance is not interference.

4. Control of the scene

From a practical standpoint, officers are trained to control situations. Cameras introduce:

• accountability

• evidence against them

• public scrutiny

Some sketchy officers, therefore, discourage filming even when it’s legal because no one likes to have witnesses around when they're doing something sketchy.

 

 5. Qualified immunity dynamics

Because of the doctrine of Qualified Immunity, officers sometimes face little personal consequence if they incorrectly order someone to stop recording—especially if courts say the law wasn't “clearly established” at the time.

That incentive structure can reinforce bad claims about legality.  As a practical rule in most of the U.S., you can record police if:

• You are in a public place

• You do not interfere

• You do not secretly record private conversations where state law prohibits it

So, to summarize, 

1. Anyone can record a cop on the street in public and 
2. Any police officer who says otherwise is just wrong and is probably just wanting to engage in something sketchy or just wants to feel all self-important.

Yeah, that's my guess.