Last Updated on February 10, 2025
Between all the recent cases where police have been accused of sexual abuse, racism, and brutality, it’s hardly surprising that more and more people in California are choosing to film their interactions with the police. Criminal attorney Peter M. Liss offers these tips for those who want to record their experiences with law enforcement officers under California Penal Code section 148(g) (PC).
Can You Record a Police Officer in California?
Generally speaking, many people trust police officers to know the law and enforce it. Still, many cops do not know the public’s rights regarding filming a law enforcement officer, and some will tell you incorrect information. But filming the police is a protected right in California under Penal Code section 148(g) (PC), which says it is absolutely legal to film on-duty police officers in a public space or federal, state, or city property, including all public roads and freeways.
If you are on private property, you will need the permission of the property owner to film anyone, including a police officer.
About Filming Other Civilians
You do not have the right to record another person interacting with the police without their knowledge or consent, as this violates California state wiretapping laws. You can get around this rule by holding your camera at an appropriate height and making it easy to tell that you are filming since courts have ruled that this alone can serve as notification of your intent to film someone. If you take this step while recording, police cannot use the wiretapping law against you.
Similarly, if you are videotaping an interaction between two or more other people (whether to publicly shame a Karen or record a crime), ensure all filmed parties can see the camera.
Can You Film Police in California When You’ve Been Pulled Over?
Using a cell phone while driving is always against the law, so filming while driving or even touching your camera to start recording just after you have been pulled over can often get you in trouble. If you have a passenger who can control your phone, this won’t pose an issue, but if you’re alone, you need to be cautious to avoid getting a pricey ticket for using your phone while driving.
One good option for Apple users is a downloadable shortcut that allows you to automatically start filming when you say, “Siri, I’m being pulled over.” This app will start recording the interaction without requiring you to touch your handset. It will also put your phone in “do not disturb” mode and send a message to a contact of your choosing, letting them know you are being stopped and your location. The recording automatically goes to an iCloud Drive or Dropbox account when filming stops.
Interfering With Police Duties is a No-No
While you are allowed to film law enforcement officials in California under 148(g) (PC), you cannot hinder them from carrying out their duties. Officers can tell you that you must stay a certain distance away from a crime scene and stay out of the officer’s way. If a police officer asks you to move, you can move your camera down to your feet and back up to show the distance you are standing from the action and then do so again after you have moved a few feet.
Unfortunately, the distance is up to the officer’s discretion. If the police officer keeps pushing you back until you’re too far away to record what is happening, you may choose to make a stand, but be aware that you may get arrested and may need to contact a lawyer to protect your rights.
As long as you are not preventing the police from doing their job, they cannot arrest or detain you. If an officer threatens to charge you with resisting arrest or obstruction of justice, inform them that courts have upheld the First Amendment rights of individuals recording police officers. 148(g) (PC) explicitly prohibits officers from claiming the fact that someone is recording them constitutes reasonable suspicion or probable cause.
Be Polite Whenever Possible
As stated above, many police do not know the laws regarding a person’s right to film them. If you calmly explain that you are invoking your First Amendment right to free speech and that you believe it is best for everyone to have a documented copy of what is taking place, police officers who do not know the law may allow you to keep recording. On the other hand, saying something like “I don’t trust you,” or “I need evidence in case you beat someone” is a good way to make any officer act adversarial.
Back up your data
When an officer blocks your camera, it is a violation of your First Amendment rights. Still, some officers go even further, demanding a person delete their footage or even breaking a person’s camera. While these activities are entirely unconstitutional, they do still happen, which is why you should use an app that will upload your footage to the cloud as you shoot it so all of your videos will be protected no matter what happens. Alternatively, the ACLU’s Mobile Justice CA app will immediately send all footage to your local ACLU affiliate.
If a police officer breaks your camera or forces you to delete your footage before charging you with a crime, he has violated 148(g) (PC) and may have broken other laws as well. When this happens, tell your defense attorney if you have been arrested, and if he released you without arresting you, contact someone at the ACLU immediately.
Obey All Other Laws
Do not jaywalk, riot, participate in an unlawful assembly, drive while using your camera, or otherwise violate the law or endanger public safety while filming. Doing so will give the police a reason to detain or arrest you and stop your filming. Avoid trespassing, as 148(g) (PC) only protects the rights of those who are in a particular area legally.
Call a Lawyer
If you are illegally arrested while filming the police, you need an attorney. I even successfully represented a client who was charged with violating his probation after he released footage of a Border Patrol Agent using excessive violence to arrest an undocumented worker.
If you find yourself in similar circumstances and are arrested while attempting to record the police or have any questions about these laws, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
Related article: Dash cams are a great way to film police interactions at traffic stops, but they must be installed in a legal location within your car.
