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

Montana law generally allows you to record on-duty police officers openly. Mont. Code Ann. 45-8-213(1)(c) prohibits recording a conversation with a hidden device without the knowledge of all parties, so recording with a visible phone or camera, or after giving a warning, falls outside that offense, and the Ninth Circuit has also recognized a First Amendment right to record law enforcement in public.

Montana's recording law gives a solid foundation for openly recording law enforcement officers, but it does not contain an exception written for citizens who record police. Under MCA 45-8-213(1)(c), the offense is recording a conversation by use of a hidden electronic or mechanical device without the knowledge of all parties. A recording made with a visible phone, or after a warning under subsection (2)(a)(iii), falls outside that prohibition.

That structure, combined with First Amendment protections recognized by federal courts, gives Montana residents a strong legal foundation for openly recording police interactions. Secret recording is a different question, covered below.

How MCA 45-8-213 Applies to Recording Police

Montana's privacy in communications statute, MCA 45-8-213, makes it an offense to record a conversation using a hidden device without the knowledge of all parties. Subsection (2)(a) lists four situations where that prohibition does not apply.

The Public-Official Exception Covers Officials, Not Citizens Recording Them

Subsection (2)(a)(i) says the hidden-recording prohibition does not apply to "elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty." On its face, this exempts recordings made by officials and public employees, such as officers, while doing their jobs. It does not say that a private citizen may secretly record an officer.

Open Recording and Warnings

The other parts of the statute matter more for citizens. The prohibition reaches only recordings made with a hidden device without the knowledge of all parties, so:

• Recording with a phone or camera in plain view, where the officer can see it, is generally outside the offense
• Under subsection (2)(a)(iii), the prohibition does not apply to persons given warning of the recording, and if one person provides the warning, either party may record
• Under subsection (2)(a)(ii), it does not apply to persons speaking at public meetings

Secret Recording of Police Is Uncertain

Recording an officer with a hidden device, without the officer knowing, is not clearly protected by the statute's text. The First Amendment right to record police discussed below may apply, but relying on it for hidden-device recording carries more risk than recording openly. To avoid that risk, keep your device visible or tell the officer you are recording.

First Amendment Right to Record Police

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 First Amendment right to record police in two 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 recognized that the First Amendment protects the right to photograph and record matters of public interest, including the right to record law enforcement officers engaged in the exercise of their official duties in public places.

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

Ordering You to Stop Recording

Police officers in Montana generally cannot order you to stop recording when you are recording openly from a place you are lawfully allowed to be. Open recording falls outside MCA 45-8-213(1)(c), which covers only hidden-device recording without the knowledge of all parties, and the Ninth Circuit recognizes a First Amendment right to record police in public.

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. Officers may temporarily seize a phone or recording device, for example incident to an arrest, but they generally cannot:

• Search the phone's contents or view your recordings without a warrant or your consent (Riley v. California)
• Delete your recordings, or order you to delete them as a condition of returning the device; no law gives officers that authority, and destroying a lawful recording can violate your constitutional rights
• Retain the device longer than necessary to obtain a warrant when one is required for a search

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 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 the criminal law, the preservation of the peace, or the performance of a governmental function, including service of process. It is a misdemeanor punishable by up to 6 months in county jail and a $500 fine. The statute also says it is no defense that the officer was acting illegally, as long as the officer was acting under official authority.

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)
• Standing on a public sidewalk or other public area while recording
• Livestreaming police activity

The act of recording, by itself, is not interference. But because MCA 45-7-302 says an officer's illegal conduct is no defense when the officer acts under official authority, if an officer orders you to stop recording or step back, the safer course is to comply or move back while saying you do not consent, and challenge the order later through a complaint or a civil rights claim.

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
• Keep the device visible or tell the officer you are recording, since MCA 45-8-213(1)(c) prohibits recording with a hidden device without the knowledge of all parties
• 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 when your device is in plain view
• 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 have no general authority to delete your recordings during the arrest process
• If your phone is seized incident to arrest, officers may hold it, but they generally 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 no standalone statute specifically governing law enforcement body cameras. Individual agency policies control body camera deployment and retention, and there is no single statewide mandate requiring all agencies to use them. Requests for footage held by an agency go through Montana's public-records law (MCA Title 2, Chapter 6), but footage compiled in a criminal investigation is "criminal investigative information" under the Criminal Justice Information Act (MCA 44-5-103). That makes it confidential: under MCA 44-5-303 it generally goes only to criminal justice agencies, those authorized by law, or people a district court authorizes after finding that individual privacy does not clearly exceed the merits of public disclosure.

Key Considerations

• Some Montana agencies have voluntarily adopted body camera programs; others have not
• Body camera footage is subject to public records requests under Montana open records laws (MCA Title 2, Chapter 6), but footage from a criminal investigation is confidential criminal justice information under MCA 44-5-303 and is usually released only through that statute's procedures
• When body cameras are used, retention and access policies are set by individual agency policy, since no Montana statute specifically governs body-camera deployment, retention, or disclosure

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 unless they have a search warrant or an investigative subpoena issued by a court.

SB 282 does not restrict what citizens may record of police activity. It restricts what government agencies may purchase about citizens. Combined with citizens' ability to openly record officials under Montana law and the First Amendment, 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 provides that its hidden-device prohibition does not apply to persons speaking at public meetings (MCA 45-8-213(2)(a)(ii)). This aligns with Montana's Open Meetings laws under MCA Title 2, Chapter 3, Part 2.

Under MCA 2-3-211, no one may be prohibited from photographing, recording, or streaming an open meeting, though the presiding officer may keep those activities from disrupting it. Under MCA 2-3-212, audio recordings may serve as the official record of open meetings. Citizens may record open meetings of government bodies, 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 Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

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

Not if you record openly. MCA 45-8-213(1)(c) prohibits recording a conversation with a hidden device without the knowledge of all parties, so recording with your phone in plain view during a traffic stop, arrest, or other official interaction is generally outside the offense. The statute's public-official exception covers recordings made by officials in the performance of official duty, not citizens recording them, so secretly recording an officer with a hidden device is legally uncertain. Telling the officer you are recording removes that uncertainty, because the prohibition does not apply to persons given warning.

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

Recording alone is not a reason to take your phone, but officers may seize a phone in some situations, such as incident to an arrest or to keep evidence from being destroyed while they seek a warrant. Under the U.S. Supreme Court's Riley v. California decision, they generally need a warrant to search its contents. Riley does not address deletion, but officers have no general authority to make you delete a lawful recording.

Can I be arrested for recording police in Montana?

Openly recording police is not a crime in Montana. MCA 45-8-213(1)(c) applies only to recording with a hidden device without the knowledge of all parties, and the Ninth Circuit recognizes a First Amendment right to record police in public. An arrest solely for openly 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. Keep the device visible, or tell the officer you are recording, so the recording falls outside Montana's hidden-device prohibition. 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 can be requested under Montana's open records laws, but footage from a criminal investigation is confidential criminal justice information under MCA 44-5-303, which limits its release.