Can You Record the Police in New York? Your Rights Explained

Yes. In New York, you generally have the right to record police officers performing their public duties. This right is grounded in the First Amendment to the U.S. Constitution, and it is reinforced by New York's own laws. Federal courts have repeatedly recognized that gathering information about public officials, including filming police activity in public, is protected speech. Knowing how this right works, and where its limits lie, helps you exercise it calmly and confidently.

The First Amendment foundation

Courts across the country have held that the public has a constitutional right to record police officers carrying out their duties in public spaces. The federal appeals court covering New York, the Second Circuit, recognized in Higginbotham v. City of New York that this right exists. The principle is simple: police officers are public servants doing public work, and documenting that work is a core part of holding government accountable.

This protection is strongest when you are in a place you have a legal right to be, such as a public sidewalk, a park, or your own property. It applies whether you use a phone, a camera, or another recording device, and whether or not the officers consent to being filmed.

New York is a one-party consent state

New York is a one-party consent state for recording conversations. Under New York Penal Law sections 250.00 and 250.05, it is generally legal to record a conversation as long as at least one party to it consents. If you are part of the conversation, that party can be you. Because you are present and consenting, you may typically record your own interactions with officers.

Even when you are not a participant, recording police carrying out duties in public usually does not violate eavesdropping laws, because officers performing public functions in public generally have no reasonable expectation of privacy in those exchanges.

The Right to Monitor Act

In 2020, New York enacted the Right to Monitor Act, which amended the state's civil rights law to explicitly protect the right to record police activity. The law affirms that a person may record law enforcement officers performing their official duties and may keep that recording, so long as the person is not physically interfering.

Importantly, the Act creates a civil cause of action. If an officer unlawfully interferes with your right to record, or improperly seizes or destroys your recording, you may be able to sue. This gives the right real teeth and signals New York's clear intent to safeguard police accountability.

Where you can stand and how to behave

Your right to record is not a right to do anything you want. The key limit is interference. You may not physically obstruct officers, disobey lawful orders, enter a crime scene, or get so close that you impede their work.

• Keep a reasonable distance and stay aware of your surroundings.
• Remain on public property or somewhere you are lawfully allowed to be.
• Do not touch officers, equipment, or detained individuals.
• Speak calmly and avoid sudden movements.

If an officer tells you to step back, you can usually continue recording from a greater distance. Complying with a reasonable order to move does not waive your right to keep filming.

Protecting your footage

An officer generally cannot demand that you unlock your phone, delete footage, or hand over your device without a warrant. The Right to Monitor Act specifically guards against unlawful seizure or destruction of recordings.

1. Use a passcode rather than only a fingerprint or face unlock, which can offer stronger legal protection.
2. Back up recordings to the cloud automatically when possible.
3. If you witnessed an important encounter, note the date, time, and location.
4. If your footage is taken or deleted unlawfully, document what happened and consider consulting an attorney.

A word of caution

Laws and court decisions change over time, and how a right applies can depend on the specific facts of a situation. The information here is general legal information, not legal advice. If you are facing a charge or considering a lawsuit, verify the current law and speak with a licensed New York attorney about your circumstances.

Key takeaways

• The First Amendment protects your right to record police doing their jobs in public in New York.
• New York is a one-party consent state, so you can record conversations you are part of.
• The 2020 Right to Monitor Act protects recording and lets you sue for unlawful interference.
• You may record freely as long as you do not physically interfere or disobey lawful orders.

The law behind your rights

You generally have a First Amendment right to photograph or record police officers performing their duties in public places, subject to reasonable time, place, and manner limits and so long as you do not physically interfere with their work; this right applies to state and local police through the Fourteenth Amendment.

Constitutional basis: First Amendment, Fourteenth Amendment. Your state constitution may add further protections.

Key court cases:

• Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) — The First Amendment protects a clearly established right to openly record police carrying out their duties in public.
• ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 2012) — Audio recording of police performing official duties in public is protected First Amendment activity.
• Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017) — Individuals have a First Amendment right to photograph and record police officers conducting their duties in public.

These are landmark federal cases that establish the rights described above. How they apply can depend on your state, the federal circuit you are in, and the specific facts of an encounter. This is general legal information, not legal advice.