By Lustitia Aequalis
Because Justice Needs Evidence— and So Do You
We live in an era where one video can shift public opinion, spark protests, or even lead to criminal charges. Think of the 2020 murder of George Floyd, captured not by the police, but by 17-year-old Darnella Frazier. Her video became the key evidence that sparked a global movement for justice.¹
In the age of smartphones, a single video can hold police accountable, elevate unheard voices, and ignite national and international change. When 17-year-old Darnella Frazier filmed George Floyd’s murder in 2020, she didn’t just capture a crime, she preserved the truth.
Recording police is no longer just an act of awareness, it’s a form of protection, advocacy, and resistance. Recording means the world can see what actions were law abiding, and what actions are not- from all parties.
Today, the right to record is more than an act of awareness. It’s a form of resistance, self-defense, and civic action. But do you know how to do it legally?
⚖️ U.S. Law: You Can Record the Police, But Know Your State Laws
Under the First Amendment, you have the right to record public officials, including police officers, in public spaces. Courts have affirmed this right repeatedly, including:
Glik v. Cunniffe (2011) – The First Circuit ruled that filming public officials is a clearly established constitutional right.
Fields v. City of Philadelphia (2017) – The Third Circuit upheld the right to record even when not challenging officers in the moment.
However, recording audio, especially during encounters, can trigger state-level wiretap or eavesdropping laws, which fall into two major categories: one-party consent and two-party (or all-party) consent.
However, state-level wiretapping laws can complicate the issue when it comes to recording audio during police stops.
🟢 ONE-PARTY CONSENT STATES (38 STATES + D.C.)
In these states, you can record a conversation if you are a participant. You do not need to inform or get consent from the other party.
You are generally safe to record police interactions openly, especially in public spaces.
✅ One-Party Consent Jurisdictions:

Hawaii, Maine, and Oregon generally require one-party consent but may treat certain scenarios or devices differently.
*Michigan law is ambiguous and debated; state courts have leaned toward one-party interpretation, but with limitations.
🔴 TWO-PARTY CONSENT STATES (12 STATES)
In these states, all parties must consent to the recording of any audio communication. Even if you're in a public space, secretly recording could result in criminal charges under wiretapping statutes.
⚠️ Two-Party Consent States:

*Delaware generally requires all-party consent for in-person conversations, but phone call laws are more permissive in some cases.
📝 Want to know your state’s law?
The Digital Media Law Project (DMLP) and Reporters Committee for Freedom of the Press (RCFP) both maintain regularly updated state-by-state guides.⁶
🌐 What About Recording Across State Lines?
This is where things get complicated.
If you're calling, livestreaming, or interacting with someone across state lines, and one state is a two-party consent state, the stricter law may apply.
⚖️ Best Practice: Always assume the most restrictive rule applies. When in doubt, ask or announce that you’re recording.
🌍 A Global Trend Toward Accountability
Many democracies around the world are embracing public recording of law enforcement:
United Kingdom – Legal to record police; many officers wear body cameras.
Germany – Legal to film but sharing footage can raise privacy concerns.
South Africa – Recording is legal if you do not obstruct the police.
Brazil – Human rights advocates encourage filming to combat abuse.
While laws vary, the principle is clear: public oversight strengthens democracy.
🌍 Global Snapshot: Recording Police in Other Democracies
Around the world, laws vary—but public accountability is becoming the norm.
United Kingdom: It’s legal to film police in public, and police often wear body cameras themselves.⁸
Germany: Filming is legal, but sharing without consent may violate privacy laws.⁹
South Africa: Citizens can film police as long as they don’t obstruct official duties.¹⁰
Brazil: Civil rights groups actively encourage filming as a tool to combat police brutality.¹¹
Despite the differences, a common thread unites democratic nations: the right to document is increasingly seen as essential to democracy and public oversight.