New Hampshire Laws on Recording Police

In New Hampshire, recording on-duty police officers in public is generally protected by the First Amendment. The First Circuit, which covers New Hampshire, has held that the First Amendment protects recording police doing their jobs in public (Glik v. Cunniffe, 2011; Project Veritas v. Rollins, 2020). Separately, RSA 570-A:2 protects only conversations where the speaker reasonably expects privacy, which officers performing public duties in public generally lack.

Recording police officers in New Hampshire involves a unique intersection of First Amendment rights, the state's strict all-party consent wiretapping law, and federal court precedent. While the Granite State generally requires consent from all parties before recording a conversation, constitutional protections and public accountability principles create important exceptions when it comes to documenting law enforcement activity.

This guide covers your rights when recording police, the legal framework that supports those rights, limitations you should be aware of, police body camera regulations, and what to do if an officer tells you to stop recording.

Your Constitutional Right to Record Police

First Amendment Protections

The First Amendment to the United States Constitution protects the right of citizens to record police officers performing their official duties in public. This right has been recognized by federal courts across the country, and it applies in New Hampshire.

The First Circuit Court of Appeals, which has jurisdiction over New Hampshire, issued a landmark ruling in Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). In that case, the court held that:

• Citizens have a First Amendment right to film police officers carrying out their duties in public
• This right extends to audio and video recording of police activity
• Officers who arrest or retaliate against people exercising this right may be held liable under 42 U.S.C. Section 1983 for violating civil rights
• The right to record is not limited to credentialed journalists but extends to all members of the public

This precedent is binding in New Hampshire. Police officers in the Granite State cannot lawfully order you to stop recording their public activities simply because you are recording.

How This Interacts With New Hampshire's All-Party Consent Law

New Hampshire's wiretapping statute (RSA 570-A:2) requires all-party consent for recording oral communications where the speaker has a reasonable expectation of privacy. The key question when recording police is whether the officer has such an expectation.

RSA 570-A:1 protects only an "oral communication" made by someone with a reasonable expectation that it will not be intercepted, and police officers performing public duties in public spaces generally lack that expectation for what they say during those duties. The stronger protection is the First Amendment right recognized in Glik and Rollins, discussed above and below. In practice:

• Recording an officer conducting a traffic stop on a public road is generally protected
• Recording an officer making an arrest on a public sidewalk is generally protected
• Recording officers at a public protest or demonstration is generally protected
• Recording conversations between officers in a public setting where they could be overheard by passersby is generally protected

However, private conversations between officers conducted away from public view (such as inside a police station or in a private office) may still carry a reasonable expectation of privacy and be subject to the all-party consent rule.

Project Veritas and First Amendment Limits on RSA 570-A

The First Circuit extended First Amendment protection to SECRET recording of police in Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), which held that Massachusetts' all-party consent wiretapping statute, as applied to the secret, nonconsensual recording of police performing their duties in public, violated the First Amendment. Open recording of police was already protected under the earlier Glik line of cases; Rollins addressed the harder question of covert recording. Because the First Circuit governs both Massachusetts and New Hampshire federal courts, Rollins is controlling precedent in the U.S. District Court for the District of New Hampshire alongside Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). Both decisions construed the Massachusetts statute rather than RSA 570-A, but together they support a First Amendment defense to a prosecution for openly or secretly recording police discharging their duties in public, and Rollins expressly left open the bounds of that right, such as whether it covers recording by deceptive tactics that mislead officers into thinking they are not being recorded.

2024-2025 RSA 570-A Suppression Rulings

In State v. Clark, 2024 N.H. 64 (N.H. Nov. 13, 2024), the New Hampshire Supreme Court held that the suppression remedy under RSA 570-A:6 applies only to felony violations of RSA 570-A:2, I, not to misdemeanor participant recordings under RSA 570-A:2, I-a. In State v. Hersom, No. 2023-0352 (N.H. Jan. 24, 2025), the court upheld the exclusion of a complainant's secret recording, holding that a participant who records willfully, with intentional or reckless disregard for the law, commits the felony under RSA 570-A:2, I, so the recording is barred by RSA 570-A:6. The court expressly declined to decide whether the State bore the burden of proof on that question.

Practical Guidelines for Recording Police

How to Record Safely and Legally

When recording police in New Hampshire, follow these guidelines to protect both your rights and your safety:

1. Record openly. While there is no legal requirement to announce your recording, open recording is less likely to provoke a confrontation and strengthens your legal position.

2. Maintain a safe distance. Stand far enough from the encounter that you do not interfere with police operations. A distance of 15 to 25 feet is generally reasonable, though circumstances vary.

3. Do not interfere with police activity. Under RSA 642:1, obstructing government administration is a misdemeanor that requires intimidation, force or threatened force, or other unlawful conduct intended to hinder an officer. Under RSA 642:2, physically interfering with an officer making an arrest or detention is a misdemeanor, or a Class B felony if it causes serious bodily injury; verbal objections alone are not resisting. Recording alone is neither offense, but physically blocking an officer or inserting yourself into an active scene could be.

4. Do not touch officers or their equipment. Keep your hands visible and avoid any physical contact with officers, their vehicles, or their gear.

5. Remain calm and respectful. If an officer asks you to stop recording, calmly state that you believe you have a legal right to record. Do not argue or become confrontational.

6. Do not resist if detained or arrested. If an officer arrests you for recording, comply with the arrest and challenge it later through legal channels. Resisting arrest can result in additional charges.

What to Do If an Officer Orders You to Stop Recording

If a police officer in New Hampshire tells you to stop recording:

• Calmly state your rights. You may say something like "I believe the First Amendment protects my right to record police activity in public."
• Do not physically resist if the officer insists or attempts to take your device
• Do not delete any recordings at the officer's request. Doing so may destroy evidence of potential civil rights violations.
• Note the officer's name, badge number, and department as soon as safely possible
• File a complaint with the police department's internal affairs unit or civilian oversight board
• Consult a civil rights attorney about potential claims under 42 U.S.C. Section 1983

When Recording May Be Limited

Your right to record police is not absolute. Recording may be lawfully restricted when:

• You are interfering with police operations or obstructing an active scene
• You are on private property and the property owner or authorized person asks you to leave
• A court has issued a specific order limiting recording in a particular case or proceeding
• You are in a secure area of a police station, jail, or correctional facility where recording is prohibited for security reasons
• The recording would compromise an active undercover operation (though this is a narrow exception)

Recording at Public Meetings

The Right-to-Know Law

New Hampshire's Right-to-Know Law (RSA 91-A:2, II) provides a clear statutory right to record at public meetings of government bodies. This includes:

• State legislative sessions and committee hearings
• County commission meetings
• Municipal meetings including selectboard, city council, and town council
• School board meetings
• Police commission meetings and public hearings
• Planning and zoning board meetings

Under RSA 91-A:2, II, any person may use tape recorders, cameras, videotape equipment, and other recording devices at public meetings. Government bodies cannot prohibit this recording. This applies even if the meeting involves law enforcement officials, police budgets, or disciplinary matters discussed in public session.

The New Hampshire Attorney General's Office provides guidance on the Right-to-Know Law, including information about recording rights at public meetings.

Law Enforcement Recording Exceptions

One-Party Consent for Officers (RSA 570-A:2, II(d))

While private citizens in New Hampshire must obtain all-party consent to record, law enforcement officers have a narrow exception under RSA 570-A:2, II(d). An officer may record with only one party's consent when all of the following conditions are met:

• The officer is acting in the ordinary course of duties
• The investigation involves organized crime, offenses listed in RSA 570-A, solid waste violations under RSA 149-M:9, or harassing/obscene telephone calls
• The officer is a party to the communication, or one party has given prior consent
• The Attorney General, Deputy Attorney General, or a designated Assistant Attorney General has determined there is reasonable suspicion that evidence of criminal conduct will result
• A written memorandum of the authorization and its basis is prepared within 72 hours

This exception is limited to specific categories of crime. Other paragraphs of the same statute cover routine police recording: RSA 570-A:2, II(j) lets a uniformed officer make an audio recording together with a video recording of a routine stop made in the ordinary course of patrol duties on a road or other way as defined in RSA 259:125, provided the officer first notifies the party unless that is not reasonable or practicable under the circumstances, and RSA 570-A:2, II(m) permits body-worn camera recordings made under RSA 105-D.

Warrant-Based Wiretapping

For investigations not covered by the one-party consent exception, New Hampshire law enforcement must obtain a court order (wiretap warrant) to intercept communications. The procedures for obtaining such orders are governed by both state law and the federal Wiretap Act (18 U.S.C. Sections 2510-2522).

Police Body Cameras and Dashcams

Body Camera Policies

New Hampshire enacted RSA 105-D, the Body Worn Cameras Act, establishing standards for departments that choose to deploy body-worn cameras. RSA 105-D does not mandate statewide adoption but sets requirements for policies, data retention, and public records access when cameras are used.

New Hampshire does not have a comprehensive statewide body camera mandate for all law enforcement agencies. Individual police departments establish their own body camera policies. However, several principles apply:

• Departments that use body cameras typically require officers to activate cameras during encounters with the public
• Body camera footage is exempt from the Right-to-Know Law unless it depicts a restraint or use of force, a firearm discharge, or an encounter that resulted in a felony arrest, and even then portions that would invade someone's privacy can be withheld (RSA 91-A:5, X)
• Footage may be withheld if it falls under recognized exemptions, such as active criminal investigations or internal personnel matters
• Officers who fail to activate their body cameras when required by department policy may face internal discipline

Under RSA 105-D:2, officers must inform a person that he or she is being recorded as soon as practicable. In places where a person has a reasonable expectation of privacy, such as a residence, a restroom, or a locker room, the person may decline to be recorded unless the officer is executing an arrest warrant or a court-issued warrant, or is there under a judicially recognized exception to the warrant requirement; if the person declines, the officer must turn off the camera's audio and video.

Dashcam Footage

Police dashcam footage follows similar rules:

• Cruiser dashcam recordings are government records you can request under RSA 91-A, subject to its exemptions, including for investigative records and privacy
• Requests for dashcam footage should be directed to the police department under the Right-to-Know Law
• Departments may redact or withhold portions that could compromise investigations or reveal confidential informants

Accessing Police Recordings

To request body camera or dashcam footage in New Hampshire (remember that body camera footage is available only if it falls within one of the RSA 91-A:5, X categories):

1. Submit a written Right-to-Know request under RSA 91-A to the relevant police department
2. Identify the footage as specifically as possible (date, time, location, officers involved)
3. Allow reasonable time for the department to review and respond
4. If the request is denied, you may appeal to the New Hampshire Superior Court
5. The NH Attorney General's Office provides guidance on the Right-to-Know request process

Penalties Related to Police Recording Issues

Penalties for Obstructing an Officer

Obstructing government administration is a misdemeanor under RSA 642:1, and resisting arrest or detention is a misdemeanor, or a felony if it causes serious bodily injury, under RSA 642:2. If your recording activity crosses the line into interference:

Penalties for Police Violating Recording Rights

Officers who unlawfully arrest, detain, or retaliate against a person for recording may face:

• Internal discipline through the department's chain of command
• Civil rights lawsuits under 42 U.S.C. Section 1983 for violation of First Amendment rights
• Qualified immunity limitations: In the First Circuit, which covers New Hampshire, Glik v. Cunniffe (2011) held that the right to record police in public was clearly established, so officers there generally cannot claim qualified immunity for arresting someone simply for openly recording; several other circuits have recognized the right while still granting officers immunity for earlier conduct

Civil Remedies for Unlawful Interference

If a police officer in New Hampshire unlawfully interferes with your recording, you may have civil claims for:

• First Amendment violations under 42 U.S.C. Section 1983 (damages, injunctive relief, attorney fees)
• Fourth Amendment violations if your recording device was seized without a warrant
• State tort claims including false arrest, false imprisonment, and intentional infliction of emotional distress

Police Recording During Protests and Demonstrations

Your Rights at Protests

Recording police activity during protests and demonstrations receives strong First Amendment protection. In New Hampshire:

• You may record police from public sidewalks, parks, and other public spaces
• Officers cannot order you to stop recording unless you are actively interfering with their operations
• "Kettling" or corralling protesters to prevent them from recording is constitutionally suspect
• Mass confiscation of phones or cameras from protest participants raises serious Fourth Amendment concerns

Police Surveillance of Protesters

New Hampshire residents should also be aware that police may record protesters:

• Officers may use body cameras and dashcams during crowd control operations
• Surveillance cameras in public spaces may capture protest activity
• The Right-to-Know Law may provide access to police recordings of protest events
• First Amendment protections limit the government's ability to use surveillance to chill protected speech and assembly

More New Hampshire Recording Laws

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Frequently Asked Questions

Can I legally record police officers in New Hampshire?

Yes. The First Amendment protects your right to record police officers performing their public duties, as confirmed by the First Circuit Court of Appeals in Glik v. Cunniffe (2011). Record openly, maintain a safe distance, and do not interfere with police operations.

Can a police officer order me to stop recording in New Hampshire?

Generally no. Officers cannot order you to stop recording their public activities simply because you are recording. However, they may lawfully direct you to move if you are interfering with operations, obstructing a scene, or posing a safety risk. If ordered to stop recording, calmly state your rights, comply if detained, and challenge the action through legal channels afterward.

Can police in New Hampshire record me without my consent?

Law enforcement has a narrow one-party consent exception under RSA 570-A:2, II(d), but only for specific crimes (organized crime, wiretapping offenses, solid waste violations, harassing calls) and only with Attorney General authorization. Separately, RSA 570-A:2, II(j) allows a uniformed officer to audio and video record a routine stop on a road or other way as defined in RSA 259:125 after first notifying you (unless that is not reasonable or practicable), and RSA 570-A:2, II(m) allows body-worn camera recording under RSA 105-D, which requires officers to tell you as soon as practicable that you are being recorded and, in a place such as a residence, lets you decline unless the officer is executing a warrant or is there under a recognized warrant exception.

How do I get police body camera or dashcam footage in New Hampshire?

Submit a written Right-to-Know request under RSA 91-A to the police department that has the footage. Identify the recording as specifically as possible by date, time, and location. The department must respond within five business days. Body camera footage is exempt unless it shows a use of force or restraint, a firearm discharge, or an encounter that led to a felony arrest (RSA 91-A:5, X). If denied, you can appeal to the New Hampshire Superior Court.

What happens if I am arrested for recording police in New Hampshire?

Do not resist the arrest. Comply with officers and challenge the arrest afterward through legal channels. An unlawful arrest for recording may give rise to civil rights claims under 42 U.S.C. Section 1983 for First Amendment violations. You may be entitled to damages, injunctive relief, and attorney fees. Consult a civil rights attorney promptly.