Recording Police
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
You have the right to record police officers performing their duties in public spaces. This right comes from the 1st Amendment and has been affirmed by federal appeals courts across the country.
You can use your phone to record traffic stops, arrests, protests, and any police activity happening in public. Police cannot order you to stop recording, delete your footage, or seize your phone just because you're filming them.
When does it apply?
This right applies when:
- Police are performing official duties in a public place (streets, sidewalks, parks, government buildings open to the public)
- You are not interfering with police operations — you must maintain a reasonable distance
- You are recording from a place where you have a lawful right to be
Common misconceptions:
- "Police can tell me to stop recording" — No. Recording police in public is a constitutionally protected activity. An order to stop recording is generally unlawful.
- "Police can delete my video" — No. Deleting footage is destruction of evidence and a violation of your rights. Even if they seize your phone, they need a warrant to access it.
- "I need to tell police I'm recording" — In most states, you don't need permission to record someone in public. But some states have two-party consent laws for audio — know your state's rules.
What should you do?
Step 1: Keep recording. If police tell you to stop, calmly say: "I have a First Amendment right to record in public." Continue filming.
Step 2: Maintain a reasonable distance. Stay far enough away that you're not physically interfering with what police are doing, but close enough to capture what's happening.
Step 3: Don't hide your recording. Openly visible recording is better protected legally. Secret recording may implicate wiretapping laws in some states.
Step 4: Back up your footage immediately. Upload to the cloud (Google Drive, iCloud, Dropbox) or text/email the video to yourself. If your phone is seized, the cloud copy is safe.
Step 5: If police seize your phone or delete footage, document the officers involved (badge numbers, patrol car numbers) and file a complaint with the department's internal affairs division.
What should you NOT do?
Don't interfere. Your right to record does not include the right to get in the way. Stay at a reasonable distance and don't physically insert yourself into the situation.
Don't provoke. Record silently or with minimal commentary. Shouting at officers while recording may escalate the situation.
Don't hand over your phone. If police ask for your phone, say: "I do not consent to a search of my phone." They need a warrant to access it.
Don't record in places where you have no right to be. Private property, secured areas of government buildings, and active crime scenes may have legitimate restrictions.
How Maryland differs from federal law
Maryland remains a two-party (all-party) consent state for recording private communications, but recording police in public is protected:
- Maryland requires the consent of all parties to record a private conversation (MD Code, Courts & Judicial Proceedings § 10-402). Violations were reclassified from a felony to a misdemeanor under 2023 reforms (SB 38)
- Recording police officers performing public duties is protected under the First Amendment — this is separate from the wiretapping law
- Officers cannot order you to stop recording, delete recordings, or seize your device without a warrant
- MD law specifically prohibits interference with a person's right to record law enforcement activities (MD Code, Criminal Law § 10-410)
- Do not physically interfere with officers while recording — maintain a safe distance
Additional Steps in Maryland
If your right to record is violated, document the incident and file a complaint with the agency's internal affairs. Contact the ACLU of Maryland at (410) 889-8555 or aclu-md.org. Consider consulting a civil rights attorney for potential claims.
Relevant Law: MD Code, Courts & Judicial Proceedings § 10-402 (all-party consent; penalty reclassified 2023). MD Code, Criminal Law § 10-410 (right to record police). First Amendment, U.S. Constitution.
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