You Have the Right to Record Police: Here's What to Do If They Retaliate

Protect yourself, your footage, and your rights under New York law

Filming police officers in public isn’t just legal. It’s protected by the Constitution. In New York State, people use their phones every day to document police activity in parks, on sidewalks, or during traffic stops. 

But even when you're within your rights, officers don’t always respect the law. Sometimes, they go a step further. They threaten you. They take your phone. Or they arrest you without cause. That’s retaliation and it violates your civil rights.

Our civil rights attorneys at Horn Wright, LLP, help New Yorkers hold law enforcement accountable when that line is crossed. If you were targeted after recording an officer, we’re here to help you protect yourself, your footage, and your rights under both state and federal law.

Know When and Where You’re Allowed to Record Police

In New York, you’re legally allowed to record public officials, including police, while they perform their duties in public. That includes sidewalks, streets, public parks, protest areas, and outside government buildings. You don’t need the officer’s consent. You don’t need a press badge. You just need to stay in a public place and avoid interfering with what they’re doing.

"Interference" means physically getting in the way of an arrest, shouting over officers, or refusing to step back when asked to clear a path. Simply pointing your phone at them and hitting record doesn’t qualify.

The New York State legislature reinforced this right through Civil Rights Law Section 79-p, which affirms your ability to record law enforcement and seek legal remedies if you're stopped or punished for doing so. The law protects anyone who observes and records police from a lawful distance.

In places like Albany and Buffalo, recent events have shown how video evidence plays a major role in exposing misconduct. Your ability to record is not optional. It’s protected.

Identify How Retaliation Can Happen After You Record

Retaliation doesn’t always involve loud threats or obvious force. Sometimes it’s subtle. Other times it’s immediate and unmistakable. Either way, the goal is the same: discourage you from recording again.

In New York, examples include:

• Arresting someone immediately after they begin filming
• Seizing a phone without a warrant or probable cause
• Detaining a bystander for “disorderly conduct” with no clear disruption
• Blocking a camera or shouting to drown out a recording
• Following up later with visits or unrelated citations

Retaliation creates fear. If this happened to you, those actions may form the basis of a civil rights claim under both state and federal law. You don’t need to prove the officer said why they acted. You just need to show a connection between your recording and their response.

Preserve the Recording and Protect Your Device

Your footage could be the key to your case. But if it’s deleted, locked inside a confiscated phone, or overwritten, it might never help you. That’s why preservation is critical.

Steps to secure your video include:

• Use apps that back up recordings to the cloud in real time
• Turn on automatic uploads to cloud storage like Google Drive or iCloud
• Set a strong password or facial recognition lock on your phone
• Keep your screen locked during filming to avoid unwanted taps
• Tell a nearby friend or witness you’re recording

If your phone is seized, your attorney may later request access logs or metadata showing what happened to it. Keep a written record of when the recording started and whether the phone was taken or returned.

Record the Retaliation, Too, If It’s Safe

If retaliation begins while you're still recording, don’t stop unless you feel unsafe. A calm, focused video showing what happened after the original footage can make a strong legal impact.

Details to capture include:

• Officer names, badge numbers, or patrol car numbers
• Verbal orders or threats
• Distance between you and the officers
• The behavior of others nearby, including witnesses
• Any attempts to block, grab, or seize your device

Stay quiet and steady if you can. Don’t argue or escalate the interaction. If the situation becomes dangerous, stop recording and protect yourself first. The footage you already have may be enough.

Write Down Exactly What Happened Right Away

Memory fades fast, especially after a tense encounter. Get it all down. Everything you saw, heard, and felt. It doesn’t have to be perfect. It just has to be real and detailed.

Include:

• What led up to the recording
• What the officers said or did when they noticed you
• Any actions taken against you or others
• The time, place, and surrounding environment
• What happened to your phone or video afterward

Use notes, a voice memo, or a message to yourself. This type of personal record often becomes valuable during a complaint investigation or a civil rights lawsuit.

Report the Incident Through Official Channels

Even if you doubt anything will come of it, file a formal complaint. It builds a paper trail. And in New York State, agencies track complaint patterns that can lead to investigations.

You can submit reports to:

• The internal affairs bureau of the local police department
• The Civilian Complaint Review Board (CCRB) if you're in New York City
• The New York State Division of Human Rights
• The Office of the Attorney General's Civil Rights Bureau

Include a clear account, any saved footage, and timestamps. Make copies of everything. Use email, online portals, or certified mail so you have proof of submission. If your complaint is ignored or denied, that inaction may support further legal action.

Share the Video Safely and Selectively

Publishing a video can lead to public attention or pressure on a department. But it also opens you up to unwanted responses or online targeting. Consider your safety and your legal case before posting.

Ask yourself:

• Have I saved the full version in multiple secure places?
• Do I need to blur faces of bystanders?
• Is my own identity exposed in a way that feels unsafe?
• Do I want to contact an attorney first?

You can also choose to share the video with trusted organizations like the NYCLU or with journalists who specialize in civil rights issues. Public release can be powerful when handled thoughtfully.

Contact a Civil Rights Attorney Who Understands Police Retaliation

Legal retaliation claims are complex. They involve multiple layers of law, including constitutional protections, state statutes, and local procedures. You don’t have to figure it out alone.

An experienced civil rights attorney can:

• Review your footage and documentation
• File complaints and legal motions on your behalf
• Help dismiss wrongful charges or citations
• Seek financial damages for retaliation
• Protect your rights in and out of court

Find someone who has handled police misconduct and retaliation claims in New York courts. That kind of background matters. At Horn Wright, LLP, we focus on helping victims like you stand up to abuse and protect what the Constitution promises.

Stay Aware of Your Rights Moving Forward

Retaliation may not stop after the first incident. You might notice an officer patrolling your block more often, or you might get stopped without explanation. Stay alert.

You can protect yourself by:

• Documenting future police encounters, even minor ones
• Letting someone know when you're attending a protest or public event
• Saving voicemails, texts, or letters related to the case
• Keeping your phone backed up and password protected
• Asking an attorney to monitor any continued contact from the department

Being prepared can help prevent further harm and show patterns if legal action becomes necessary.

You’re Allowed to Record. You’re Allowed to Be Safe.

In New York, your right to film the police is protected by law. If officers retaliate, it’s not your fault. It’s a violation of your civil rights. 

At Horn Wright, LLP, we help people just like you hold law enforcement accountable and fight back with the law on their side. You deserve safety, dignity, and support. If you’ve been targeted for recording, we’re here to help.