EFF Guide to Recording Law Enforcement

The EFF has published a guide to recording law enforcement—a right that nine federal appellate courts have affirmed as protected by the First Amendment. You can legally record police and federal law enforcement—including Immigration and Customs Enforcement and Customs and Border Protection—when they're performing official duties in public, or in a private place where you have legal access. Audio and video both are protected; wiretap laws don't restrict recording law enforcement because officers have no reasonable expectation of privacy when exercising official duties. But the EFF emphasizes important limitations: your recording cannot obstruct or interfere with law enforcement operations, and the right may be curtailed if the officer is off-duty or in a private space you don't have access to. Beyond legal protections, the EFF's practical guidance emphasizes staying calm and at a safe distance, understanding that officers may retaliate illegally, considering the sensitivity of those being recorded—especially regarding immigration status—and encrypting your device to protect your footage.

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