How can I legally and safely record an interaction with a police officer during a stop in California?
In California, you have a legal right to record police officers during a stop, provided you do so openly and do not interfere with their official duties. The following steps outline how to do this legally and safely.
Step 1: Position Your Recording Device
Before the officer approaches, start your recording. If using a phone, place it in a dash-mounted cradle or have a passenger hold it. This avoids violating California Vehicle Code Section 26708, which prohibits obstructions on your windshield, and keeps your hands free. If you must hold it, do so in a non-threatening way.
Step 2: Verbally Announce You Are Recording
Clearly and calmly state, "Officer, just to let you know, I am recording this interaction." California is a "two-party consent" state for confidential communications under Penal Code 632. While police have no reasonable expectation of privacy performing their duties in public, announcing your recording eliminates any ambiguity.
Step 3: Comply with Lawful Orders
Recording does not give you permission to ignore an officer's lawful commands. You must still provide your license, registration, and proof of insurance when asked. Remain calm and polite.
Step 4: Do Not Interfere
You must not obstruct, delay, or resist the officer under Penal Code Section 148(a)(1). This means you should not get too close, block their movements, or act in a way that prevents them from safely conducting the stop. The act of recording itself is not interference, but your physical actions can be.
Step 5: Secure the Evidence
After the interaction ends, stop the recording and save the file. It is a good practice to upload the video to a secure cloud-based service as soon as possible to ensure it is preserved.
Important details and nuances:
Your right to record applies to what you can see and hear in a public space. Do not attempt to record in a way that violates a person's reasonable expectation of privacy, although this typically does not apply to on-duty officers in public.
Warnings and limitations:
An officer may ask you to stop recording, but they can only lawfully compel you to stop if your actions are directly interfering with their duties. Do not physically resist if an officer attempts to take your device. Comply with the officer's orders and address any potential civil rights violations later through legal channels.
This is general information and does not constitute legal advice. For complex situations, or if you are arrested or charged with a crime following an interaction, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
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