Montana

Montana Laws on Recording Police: Your Rights and Legal Protections (2026)

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202613 min read

Montana law gives you the right to record on-duty police officers without consent or warning. Mont. Code Ann. 45-8-213(2)(a) explicitly exempts public officials and public employees performing official duties from the state's recording restrictions, and the Ninth Circuit has also recognized a First Amendment right to record law enforcement in public.

Montana provides some of the clearest statutory protections in the country for recording law enforcement officers. Unlike many states where the right to record police is established only through court decisions and constitutional interpretation, Montana has written this exception directly into its recording statute. Under MCA 45-8-213(2)(a), the prohibition on hidden recording does not apply to elected or appointed public officials or public employees performing their official duties.

This statutory exception, combined with First Amendment protections recognized by federal courts, gives Montana residents a strong legal foundation for recording police interactions.

The Statutory Exception: MCA 45-8-213(2)(a)

Montana's privacy in communications statute, MCA 45-8-213, generally prohibits recording conversations using hidden devices without all-party knowledge. However, subsection (2)(a) creates clear exceptions.

Who Is Covered by the Exception?

The exception applies to:

Elected public officials: This includes the governor, state legislators, county commissioners, mayors, city council members, sheriffs, and other elected officeholders
Appointed public officials: This includes appointed department heads, judges, and other officials serving in appointed positions
Public employees: This includes police officers, state troopers, county deputies, firefighters, teachers, social workers, and any other government employees performing their official duties

What "Performing Official Duties" Means

The exception applies when the public official or employee is acting in their official capacity. For law enforcement, this includes:

Conducting traffic stops
Making arrests
Responding to calls for service
Conducting investigations
Interacting with the public as part of patrol duties
Testifying in court or at public hearings
Operating at crime scenes
Executing search warrants

The exception does not apply to off-duty officers engaged in personal activities. An off-duty officer at a social gathering is not performing official duties, and recording them in a private conversation would be subject to the standard consent requirements.

This is an important distinction. Montana's general recording law allows recording after providing a warning under MCA 45-8-213(2)(c). But when recording public officials performing official duties, not even a warning is required. The public official exception is a separate, independent exemption that operates without any notice requirement.

You may record a police officer during a traffic stop without saying a word about the recording. You may record from a distance without approaching the officer. The recording is lawful under Montana state law as long as the officer is performing official duties.

First Amendment Right to Record Police

Montana community bulletin board with police department contact information posted

Beyond Montana's statutory protection, federal courts have recognized a constitutional right to record law enforcement.

Ninth Circuit Precedent

Montana falls within the jurisdiction of the Ninth Circuit Court of Appeals. The Ninth Circuit has recognized a clearly established First Amendment right to record police in two controlling decisions:

Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995): The court recognized that filming matters of public interest, including police activity, is protected by the First Amendment. This is the foundational Ninth Circuit decision on the right to record.
Askins v. U.S. Dept. of Homeland Security, 899 F.3d 1035 (9th Cir. 2018): The court held that the First Amendment right to photograph and record matters of public concern is clearly established in the Ninth Circuit, making it actionable under 42 U.S.C. 1983 when officers unlawfully interfere.

Because the right is clearly established under these decisions, Montana residents whose recording is unlawfully suppressed by officers may have Section 1983 civil rights claims.

The constitutional right to record is grounded in the principle that the First Amendment protects the right to gather information about government officials performing their public duties. Recording police officers ensures government accountability and promotes the public interest in transparent law enforcement.

Scope of the Constitutional Right

The First Amendment right to record police generally applies when:

You are in a public place or a location where you have a legal right to be
You are recording officers performing official duties
Your recording does not physically interfere with police operations
You maintain a safe distance that does not impede the officers' ability to carry out their duties

What Officers Cannot Do

Montana yellow police evidence marker with a number on a road surface

Ordering You to Stop Recording

Police officers in Montana generally cannot order you to stop recording when you are exercising your rights under MCA 45-8-213(2)(a) and the First Amendment. An officer who orders a citizen to stop recording official police activity acts without legal authority, as the Montana statute explicitly exempts such recording from the consent requirement.

However, officers can give lawful orders related to safety and scene management. An officer may direct you to move to a different location if your physical presence interferes with police operations. Complying with a lawful order to relocate is different from being ordered to stop recording.

Seizing or Destroying Recordings

The Fourth Amendment protects against unreasonable search and seizure. An officer generally cannot:

Seize your phone or recording device without a warrant
Order you to delete recordings
Search your phone to view or delete recordings without a warrant or your consent

The U.S. Supreme Court's decision in Riley v. California, 573 U.S. 373 (2014) established that police generally need a warrant to search a cell phone, even during an arrest. This protection extends to recordings stored on the device.

Retaliating Against You for Recording

Officers may not retaliate against individuals for exercising their right to record. Retaliation could take the form of:

Arresting someone solely for recording
Issuing citations in retaliation for recording
Using force against someone who is lawfully recording
Threatening criminal charges for the act of recording

Such retaliation may give rise to civil rights claims under 42 U.S.C. 1983, which allows individuals to sue government officials for violating their constitutional rights.

Recording vs. Interfering: Understanding the Line

Montana speed limit sign on a residential street with a patrol car visible in the distan

Montana law distinguishes between lawful recording and unlawful interference with police operations.

What Constitutes Interference

Under MCA 45-7-302, a person commits the offense of obstructing a peace officer if they knowingly obstruct, impair, or hinder the enforcement of criminal law, prevention, or investigation of crime, or the execution of a legal process.

Actions that may constitute interference include:

Physically blocking an officer's path or movement
Entering a secured perimeter established by law enforcement
Touching or grabbing an officer or their equipment
Providing false information to interfere with an investigation
Inciting a crowd against officers

What Does Not Constitute Interference

The following actions are generally not interference:

Recording from a safe distance with a phone or camera
Verbally identifying yourself as someone who is recording
Asking questions of officers (though officers are not always required to answer)
Refusing to stop recording when ordered to do so without legal basis
Standing on a public sidewalk or other public area while recording
Livestreaming police activity

The act of recording, by itself, is not interference. An officer who claims that the mere act of recording constitutes obstruction is misapplying the law.

Recording During Specific Police Encounters

Traffic Stops

You have the right to record a traffic stop in Montana:

Begin recording before the officer approaches your vehicle, if possible
You do not need to inform the officer that you are recording (no warning required under MCA 45-8-213(2)(a))
Keep your hands visible and avoid movements that could be perceived as threatening
If asked about a recording device, you may truthfully state that you are recording, but you are not legally required to volunteer this information
Do not reach for your phone in a way that could be mistaken for reaching for a weapon

Arrests

Recording an arrest is protected activity:

If you are witnessing an arrest, maintain a safe distance and record
If you are the person being arrested, you may continue recording until physically unable to do so
Officers may not delete your recordings during the arrest process
If your phone is seized incident to arrest, officers still need a warrant to search its contents under Riley v. California

Protests and Demonstrations

Recording police at protests is strongly protected:

The First Amendment protects both the right to protest and the right to record
Officers may not single out individuals who are recording for arrest or dispersal
If a dispersal order is given, you must comply with the order but may continue recording while doing so
Press credentials are not required to record; the right extends to all citizens

Body Camera Laws in Montana

Montana has enacted specific statutes governing law enforcement body cameras. MCA 44-4-1502 addresses body camera programs for law enforcement agencies, and MCA 44-15-105 governs disclosure of law enforcement recordings. These statutes establish that individual agency policies control body camera deployment and retention; there is no single statewide mandate requiring all agencies to use them.

Key Considerations

Some Montana agencies have voluntarily adopted body camera programs under MCA 44-4-1502; others have not
Body camera footage is subject to public records requests under Montana open records laws (MCA Title 2, Chapter 6), with exemptions for ongoing investigations and privacy concerns under MCA 44-15-105
When body cameras are used, retention and access policies are set by agency policy consistent with MCA 44-15-105

SB 282: Government Data Broker Warrant Requirement (Oct. 1, 2025)

Montana Senate Bill 282, enacted as Chapter 382, Laws of 2025, effective October 1, 2025, prohibits government entities (including law enforcement agencies) from purchasing electronic communications, geolocation data, or other sensitive personal data from commercial data brokers without first obtaining a judicial warrant or subpoena. Montana is the first state to close this law enforcement data-broker loophole.

SB 282 does not restrict what citizens may record of police activity. It restricts what government agencies may purchase about citizens. Combined with MCA 45-8-213(2)(a)'s explicit permission for citizens to record officials, SB 282 creates an asymmetric framework: citizens retain broad recording rights over government; government faces new warrant requirements before purchasing citizen data.

Recording at Public Meetings

Montana's recording statute separately exempts the recording of persons speaking at public meetings (MCA 45-8-213(2)(a)). This aligns with Montana's Open Meetings laws under MCA Title 2, Chapter 3, Part 2.

Under MCA 2-3-212, audio recordings may serve as the official record of open meetings. Citizens have the right to record any public meeting of a government body, including:

City council and county commission meetings
School board meetings
State legislative hearings
Public hearings on zoning, permitting, and regulatory matters
Any meeting of a public body that is required to be open under Montana's Open Meetings Act

Filing a Complaint for Recording Rights Violations

If a Montana law enforcement officer violates your right to record, you have several options:

Internal Complaints

File a complaint with the officer's department or agency
Request a copy of the department's policy on citizen recording
Document the date, time, location, and details of the incident

Civil Rights Claims

Under 42 U.S.C. 1983, you can file a federal civil rights lawsuit against an officer who violates your constitutional right to record. Potential remedies include:

Compensatory damages for injuries, property damage, or emotional distress
Punitive damages in cases of egregious conduct
Attorney's fees and court costs
Injunctive relief requiring policy changes

ACLU and Legal Organizations

The ACLU of Montana and other civil liberties organizations can provide legal guidance and may take on cases involving recording rights violations. These organizations have been active in advocating for recording rights across the Ninth Circuit.

More Montana Laws

More Montana Recording Laws

Back to Montana Recording Laws

Frequently Asked Questions

Do I need to tell a police officer I am recording them in Montana?

No. Montana law explicitly exempts recording of public officials and public employees performing official duties from the consent and warning requirements of MCA 45-8-213. You may record a police officer during a traffic stop, arrest, or other official interaction without informing them. While you are not legally required to disclose the recording, some people choose to do so as a matter of transparency.

Can a police officer take my phone for recording them in Montana?

Generally, no. The Fourth Amendment protects against unreasonable search and seizure, and the U.S. Supreme Court's Riley v. California decision requires officers to obtain a warrant before searching a cell phone. An officer cannot seize your phone solely because you are recording them, and they cannot order you to delete recordings. If your phone is seized, officers still need a warrant to access its contents.

Can I be arrested for recording police in Montana?

Recording police is not a crime in Montana. MCA 45-8-213(2)(a) explicitly exempts recording of public officials performing official duties. An arrest solely for recording would lack legal basis and could give rise to a civil rights claim under 42 U.S.C. 1983. However, if your conduct goes beyond recording and physically interferes with police operations, you could be charged with obstruction under MCA 45-7-302.

Can I record police from inside my car during a traffic stop?

Yes. You may record a traffic stop from inside your vehicle. Montana's public official exception to the recording law applies to traffic stops, and you do not need to inform the officer that you are recording. Keep the recording device in a position where it does not interfere with the officer's ability to see your hands and interact with you safely.

Does Montana require police to wear body cameras?

Montana does not have a statewide body camera mandate as of 2026. Individual law enforcement agencies set their own policies regarding body-worn cameras. Some Montana departments have voluntarily adopted body camera programs. Body camera footage is generally subject to public records requests under Montana's open records laws, though certain exemptions may apply.

Sources and References

Montana Code Annotated 45-8-213 - Privacy in Communications(leg.mt.gov).gov
Montana Code Annotated 45-7-302 - Obstructing a Peace Officer(leg.mt.gov).gov
Montana Open Meetings Law - Title 2, Chapter 3, Part 2(leg.mt.gov).gov
Montana Constitution Article II, Section 10 - Right of Privacy(leg.mt.gov).gov
Riley v. California, 573 U.S. 373 (2014)(supremecourt.gov).gov
42 U.S.C. 1983 - Civil Action for Deprivation of Rights(law.cornell.edu)
Montana Code Annotated 45-8-213 - Privacy in Communications(mca.legmt.gov).gov
Montana Code Annotated 45-7-302 - Obstructing a Peace Officer(mca.legmt.gov).gov
Montana Open Meetings Law - Title 2, Chapter 3, Part 2(mca.legmt.gov).gov
Montana Constitution Article II, Section 10 - Right of Privacy(mca.legmt.gov).gov