US-CaliforniaCan I record a police officer in public in California?
Yes, you can legally record police officers in public in California as long as you do not interfere with their duties and are in a place where you have a right to be.
What the Law Says
California law protects your right to record police officers performing their duties in public, grounded in both federal constitutional rights and state statutes. The key limitation involves privacy — you cannot secretly record confidential communications, but public interactions with officers are not protected under that rule.
The U.S. Constitution’s First Amendment protects the right to gather information about government officials, including police, in public spaces. Courts have consistently held this includes recording video and audio.
California Penal Code § 632 — the 'eavesdropping law' — prohibits recording 'confidential communications' without consent. But a communication is 'confidential' only if there is a 'reasonable expectation of privacy.' Police performing duties in public do not have such an expectation.
Importantly, § 632(a) explicitly excludes recordings made 'in a public gathering' or 'in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.'
Statutory TextA 'confidential communication' means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering...
— Penal Code § 632(c)
Statutory TextThis section shall not apply to any communication made in a public gathering...
— Penal Code § 632(d)
What Courts Have Said
Federal and California courts have repeatedly affirmed the legality of recording police in public, emphasizing First Amendment protections and rejecting claims that such recording obstructs justice — unless actual interference occurs.
Held that the First Amendment protects a citizen's right to record police carrying out their duties in public, and arresting someone for doing so violates clearly established law.
Recognized a First Amendment right to film police in public, stating it is 'a basic right' tied to freedom of speech and press.
Reaffirmed that recording police in public is protected activity, and officers may not arrest or retaliate against individuals solely for recording them.
What to Do
Stay in a public space (e.g., sidewalk, park, street) where you have a legal right to be.
Do not physically block, touch, or distract officers — keep a safe, reasonable distance.
Announce your intent to record only if helpful; it is not legally required.
If stopped, calmly ask if you are free to leave — do not consent to searches or device seizures without a warrant.
If arrested or threatened for recording, note officer names/badges and contact ACLU of Northern or Southern California.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.