Is it Legal to Record the Police During a Traffic Stop or Arrest in New York?
Smartphones are everywhere now. If you’re stopped by police or watching an arrest unfold on the street, it’s natural to think about pulling out your phone and hitting record. In many cases, doing so can help protect your rights. It creates a visual record of what actually happened and can help clear up confusion later on. That said, recording the police isn’t always straightforward. You might worry whether it’s legal or what could happen if an officer demands that you stop.
If your right to record was violated or if you were arrested while filming an officer, our team at Horn Wright, LLP, is here to help. Our attorneys fight to protect people just like you. Whether you're facing charges or want to take action against misconduct, we'll walk you through every step.
The Legal Right to Record Police in New York
Yes, recording the police in New York is legal. Both state and federal laws support that right, as long as you’re not interfering with what officers are doing. Under the First Amendment, you’re allowed to record public officials performing public duties. That includes law enforcement. Courts have repeatedly affirmed this across the country.
In 2020, New York passed the Right to Record Act, which made the state’s position crystal clear. This law protects your right to record law enforcement activity, whether you’re directly involved or simply watching from a safe distance. You can film a traffic stop from the driver’s seat or the passenger side. You can record an arrest happening across the street or an interaction in a subway station. If police are performing their duties in public, you’re legally allowed to document it. And they can’t retaliate against you for doing so. The only real condition? You cannot interfere.
When and Where You Can Record Police
The location matters, but in most public spaces, you’re covered. If you’re pulled over on a public street, you have the right to record that stop. The same is true for parks, sidewalks, city buildings, and transit stations. If you’re lawfully present, you can record what’s visible or audible in public.
You can also record inside private spaces, like a store or someone’s home, as long as you have permission to be there. For example, if you’re in your apartment or visiting a friend’s house, you can record officers entering or interacting with others. But police have the authority to give lawful orders for safety reasons. If they ask you to step aside or stay behind a barrier, you’re required to follow that order, even if you’re in a public area. Standing nearby and filming is legal. Walking into the middle of an arrest scene or ignoring a police line is not.
Limits on Recording: What You Cannot Do
Even with legal protections, there are limits. You cannot physically interfere with officers. That means no blocking their path, distracting them during investigations, or inserting yourself into what they’re doing. You also can’t ignore lawful commands. If police ask you to back up or remain in a specific area, failing to comply could lead to arrest.
Creating danger while filming is also off-limits. Filming from an active roadway or stepping into a crowd of officers for a better view can create safety risks for everyone involved. And while you’re allowed to record conversations you’re part of, secretly recording a discussion you’re not involved in, especially in a private space, could violate wiretap laws. New York is a one-party consent state, which means if you’re participating in the conversation, you’re allowed to record it. If you’re not part of it, you're not protected.
Police Responses: What to Expect
Not all officers respond the same way to being recorded. Some might ignore it. Others might ask you to stop. That’s why it’s important to know what your rights are at the moment. Police cannot legally stop you from recording if you’re not interfering. They also cannot take your phone, demand your passcode, or delete your videos without a warrant. If they do, it may violate your Fourth Amendment rights.
There are times when people get arrested for recording, even when they followed the law. If that happens, don’t resist. Stay calm and keep as much of the interaction on video as possible. If the arrest was based solely on filming, that could become a key part of your defense later. Courts have repeatedly ruled in favor of individuals who recorded responsibly and were still arrested or harassed.
How Recordings Can Help in Court
Recordings can be some of the strongest evidence available in court. A clean, timestamped video can support your version of events, disprove false reports, and show the context that body camera footage might miss. If you’re fighting a traffic ticket, disputing an arrest, or filing a civil complaint about misconduct, your phone footage may be the difference between a dropped charge and a drawn-out legal battle.
Courts and attorneys rely on unedited footage. You shouldn’t add effects, filters, or commentary after the fact. Keep the original video intact. Footage that clearly shows officer behavior, your words, and bystander reactions can all help prove what actually happened. And if you were respectful and compliant during the encounter, your video can show that too.
Recordings can:
- Show the sequence of events in real time
- Document officer behavior, both verbal and physical
- Provide audio confirmation of tone and commands
- Strengthen claims of improper search or arrest
Practical Tips for Recording Safely in New York
Knowing your rights is one thing. Putting them into action in the heat of the moment takes a little preparation. That’s why it helps to think ahead and know how to record responsibly and safely.
- Stand at a safe distance so officers can do their jobs without disruption
- Say clearly that you’re recording to reduce confusion or confrontation
- Hold your phone steady for clear video and audio
- Avoid arguing while filming, let your phone do the work
- Use cloud backup apps like Dropbox or Google Drive to automatically save your video
Some apps can even upload recordings in real time and lock the files, making it impossible for someone to delete them from your phone. If you’re regularly around public incidents or protests, consider using one of these tools. And always stay aware of your surroundings. Don’t block exits or stand in unsafe spots just to get a better shot.
Your Right to Record Police in New York
In New York, you have the right to record police officers in public, as long as you’re not interfering with their work. That includes traffic stops, sidewalk encounters, arrests, and anything else that takes place in a space where you’re allowed to be. Used responsibly, your phone becomes a powerful tool: not just for your protection, but for accountability and transparency. Knowing what’s allowed, staying calm, and following clear boundaries can help keep everyone safer during difficult moments.
If you were arrested or charged after recording police, or if your rights were violated during a stop, Horn Wright, LLP, is ready to help. Our attorneys understand New York law, and we’ll walk you through your legal options from start to finish. Whether you’re fighting a criminal charge or pursuing a civil claim, we’re here to take that stress off your shoulders so you can focus on what comes next.