Do You Have a Right to Film Police in Public? Know the Law

Understand Your Rights to Record in New York

Imagine standing outside a subway entrance in Queens. You see a police interaction that doesn’t feel right. Your instinct kicks in. You start recording. An officer turns, sees the phone, and tells you to stop. You wonder. Can they really make you put it away? Are you breaking the law?

These moments happen more often than most people realize, especially in high-traffic areas across New York. Whether you’re near Union Square, in a small town upstate, or at a protest in Albany, the legal right to record matters. 

It protects your voice, your safety, and your ability to hold public officials accountable. The law in New York State gives you the right to film, but understanding where and how that applies helps you use that right wisely.

The First Amendment Protects Public Filming of Police

The U.S. Constitution protects your ability to record law enforcement. Specifically, the First Amendment gives you the right to gather information and document public servants doing public work. Police officers work for the public, and their actions—especially during stops, arrests, or confrontations—are subject to public scrutiny.

Federal courts have recognized this right in rulings across the country. The Second Circuit Court of Appeals, which covers New York, has affirmed that people have the right to record government actors in public spaces. That includes filming police officers as long as you’re not interfering.

These decisions support the idea that recording serves a civic purpose. It creates a check on abuse, preserves accurate records, and supports both transparency and accountability. While the Constitution doesn’t specifically mention smartphones, courts agree the protections extend to recording with modern devices.

Where and When You Can Legally Record

Location plays a big role in determining your rights. When you’re in a public space, you have broad protections to film what you can see or hear. That means if you’re standing on a city sidewalk, in a park, or on the steps of a courthouse, you can generally record without asking permission.

In New York State, this applies to a wide range of spaces:

• Public streets and sidewalks
• Parks (like Central Park or Washington Park in Albany)
• Plazas or public squares
• Outside police stations or government buildings
• Transit hubs such as Grand Central Terminal (unless posted restrictions exist)

However, private property limits those rights. If you’re inside a store, a private apartment complex, or another non-public space, the owner can set different rules. In those cases, if you’re asked to stop filming and you refuse, you could be removed or face trespass charges.

Even in public areas, time and manner restrictions may apply. For example, you can’t block a doorway or film inside a courtroom unless you’ve received special permission.

What You Can’t Do While Filming

Filming in public is legal, but how you film matters. While the act of recording is protected, behavior that crosses the line into interference is not.

Here’s where people often get tripped up. If you’re too close to an officer making an arrest, or if you’re shouting or physically inserting yourself into the interaction, police can claim you’re interfering. In those cases, you may be ordered to move or stop.

It’s also illegal to use filming as a way to harass, intimidate, or provoke. Some people film aggressively or aim the camera in ways that escalate the situation. That creates risk—not because the recording is illegal, but because the behavior could be.

A few key limits:

• Don’t obstruct police physically
• Don’t ignore lawful commands to move back
• Don’t film on restricted property
• Don’t disrupt official police duties

When you keep your distance, stay quiet, and focus on capturing the scene without confrontation, you’re protecting both your rights and your safety.

What New York State Law Says About Recording Police

New York law supports the public’s right to record. There is no requirement for two-party consent in public spaces, meaning you don’t need the officer’s permission to record them if they’re working in public.

Recent state legislation strengthens this right even further. In 2020, New York passed Civil Rights Law Section 79-p, which explicitly affirms the right to record law enforcement and creates a civil cause of action if that right is violated. This law protects bystanders and journalists who record public officers performing their duties.

The law says individuals may:

• Record police in public spaces
• Use phones or cameras without interference
• Sue for damages if police interfere without legal justification

This doesn’t mean anything goes, but it adds another layer of protection when officers try to intimidate, block, or seize someone’s phone without proper cause.

Police Can’t Take Your Phone Just Because You Filmed Them

One of the biggest misconceptions is that police can grab your phone if you film them. That’s not true under the law. The Fourth Amendment protects against unlawful searches and seizures, including your smartphone.

Without a warrant, officers generally can’t:

• Confiscate your phone
• Demand your passcode
• Search your gallery or apps

There are exceptions, but they’re narrow. If an officer can prove there’s an immediate threat or risk of evidence being destroyed, they might justify a brief seizure. But those situations are rare. Recording a scene from a distance doesn’t create an emergency.

In New York, law enforcement agencies must also follow department guidelines and respect constitutional boundaries. They need probable cause and, in most cases, a warrant.

The U.S. Department of Justice has issued guidance affirming this standard. It states that public recording of police is protected and that officers who interfere with it without legal grounds may violate civil rights.

When the Right to Record Turns Into a Legal Case

Sometimes police go beyond intimidation. They seize phones, delete footage, or arrest someone who was filming peacefully. When that happens, your right to record becomes a legal issue.

Under federal law, individuals can file lawsuits when their constitutional rights are violated by government actors. The legal path most often used is 42 U.S.C. Section 1983. This statute allows people to seek damages when police or other officials violate First or Fourth Amendment protections.

You may have a viable case if:

• You were arrested for filming in public without interfering
• Police deleted or accessed footage without permission
• Officers seized your phone without cause
• You were physically harmed or intimidated while recording

Courts look at the facts closely. Video recordings, timestamps, and eyewitnesses help support claims. In New York, civil rights lawyers often use these cases to hold officers accountable and push for better conduct within departments.

How to Safely Exercise Your Right to Film

You can find additional guidance through the U.S. Department of Justice Civil Rights Division and a detailed Supreme Court ruling on phone searches.

Knowing your rights is important. Using them wisely protects both you and your footage. If you’re planning to record police interactions, or find yourself in one unexpectedly, follow these practical tips:

• Stay calm and quiet
• Keep a physical distance of at least 10–15 feet
• Stand on sidewalks or other public areas
• Hold your phone steady and avoid sudden movements
• Don’t argue or provoke
• Use cloud backup or auto-upload tools to preserve your footage

Several apps, including ACLU’s Mobile Justice app, allow you to upload footage immediately so it can’t be deleted from your device. Even if your phone is taken or damaged, your video survives.

Avoid unlocking if police ask for access, you can calmly state, “I don’t consent to a search.”

Your Camera Is Legal, So Use It Wisely

Public recording of law enforcement is a right protected by law. In New York, the law protects that right clearly. But like all rights, it works best when people understand its limits and use it responsibly.

Filming safely helps prevent confrontations and keeps the focus where it belongs—on the conduct being recorded. It’s not about creating conflict. It’s about transparency, safety, and accountability.

Know Your Rights, Protect Your Future

You don’t need a badge to protect your community. Your camera is enough, and the law supports you when you use it lawfully. 

At Horn Wright, LLP, our civil rights attorneys help New Yorkers who’ve had their rights trampled by unlawful searches, intimidation, or retaliation. Whether you were arrested for filming or had your phone seized without cause, we can help you understand your legal options. 

You deserve to be heard. Let us help you take the next step.