Oregon Laws on Recording Police: Your Rights and Legal Limits

Oregon law allows you to record police officers performing official duties in public. The First Amendment protects this right, and ORS 165.540 sets the rules: silent video of police in public does not trigger ORS 165.540, while ORS 165.540(5)(b) allows you to record audio of a conversation with an on-duty officer if you record openly and in plain view, the conversation is audible to you by normal unaided hearing, and you are in a place where you lawfully may be.

You have the right to record police officers in Oregon when they are performing their duties in public. The First Amendment protects this right, and federal courts, including the Ninth Circuit Court of Appeals, have repeatedly affirmed it. However, Oregon's split consent framework under ORS 165.540 adds specific rules about audio recording that you need to understand before pressing record.

This guide explains your rights and responsibilities when recording law enforcement in Oregon in 2026, including what you can legally film, how the split consent framework applies, and what to do if an officer tells you to stop recording.

Your First Amendment Right to Record Police

The Constitutional Foundation

The right to record government officials, including police officers, performing their public duties is protected by the First Amendment to the U.S. Constitution. The Ninth Circuit Court of Appeals, which covers Oregon, has recognized this right in multiple decisions. In Fordyce v. Seattle, 55 F.3d 436 (9th Cir. 1995), the Ninth Circuit recognized a First Amendment right to film matters of public interest, including police officers working a public protest march. In Askins v. DHS, 899 F.3d 1035 (9th Cir. 2018), the court reaffirmed that the First Amendment protects the right to photograph and record matters of public interest, including law enforcement officers performing their official duties in public places, and let a lawsuit go forward by people whose photos taken at border ports of entry were deleted by U.S. Customs and Border Protection officers.

This right applies when:

• Officers are conducting traffic stops in public
• Officers are making arrests on public streets or in public buildings
• Officers are responding to incidents in public areas
• Officers are interacting with protesters or demonstrators
• Officers are performing any official duty visible to the public

The right to record is not unlimited. You must not physically interfere with police operations, obstruct officers in the performance of their duties, or place yourself or others in danger.

Oregon's Position on Recording Police

The right to record police derives from the First Amendment, and Oregon's recording statute also addresses it directly. ORS 165.540(5)(b) exempts a person who records a conversation in which a law enforcement officer is a participant from the general notice rule, as long as the conditions described below are met. The practical effect is that you can record police, but you need to meet those conditions when your recording captures audio.

How Oregon's Split Consent Framework Applies to Recording Police

Silent Video Recording of Police

Recording silent video of police officers in public is legal and does not trigger any provision of ORS 165.540. The wiretapping statute governs audio interception, not visual recording. You can:

• Film police activity with your phone's camera (video only, no audio)
• Use a camcorder or digital camera to record video
• Stream silent video live to social media

Audio Recording of Police in Public

When your recording captures audio of an in-person conversation, Oregon's general rule under ORS 165.540(1)(c) requires that all participants be specifically informed that the conversation is being recorded. For conversations with police, however, the statute contains a specific exception.

The police-participant exception under ORS 165.540(5)(b) says the notice rule does not apply to a person who records a conversation in which a law enforcement officer is a participant, if:

• The recording is made while the officer is performing official duties
• The recording is made openly and in plain view of the participants in the conversation
• The conversation is audible to the person recording by normal unaided hearing
• The person recording is in a place where the person lawfully may be

ORS 165.540(10) adds that this exception does not authorize criminal trespass or interfering with a peace officer under ORS 162.247. A hidden recording, or one made from a place you have no right to be, falls outside the exception.

The unconcealed device exception under ORS 165.540(6)(a) is a separate provision. It covers recording with an unconcealed device at listed proceedings such as public meetings, hearings, trials, press conferences, public speeches and rallies. It can support recording at a rally or demonstration, but the provision that addresses an ordinary traffic stop or arrest is ORS 165.540(5)(b).

Practical Guidance for Audio Recording of Police

Given the legal complexity, here is practical guidance:

• Always keep your recording device visible. Do not conceal your phone or camera. ORS 165.540(5)(b) protects audio recording of officers only when it is made openly and in plain view.
• Stay where you lawfully may be. The exception also requires that you be lawfully present and that the conversation be audible to you by normal unaided hearing.
• Do not interfere with police activity. Maintain a reasonable distance. Record from the sidewalk or other public areas.
• Be prepared to identify yourself. While Oregon does not have a stop-and-identify statute for bystanders, cooperation can prevent escalation.
• If asked to stop recording, calmly assert your right. You can state: "I am exercising my First Amendment right to record in a public place." Do not argue or become confrontational.

What Police Officers Can and Cannot Do

Officers Cannot:

• Order you to stop recording their public activities solely because you are filming
• Search the contents of your phone without a warrant (Riley v. California, 2014), although they may hold the phone while they get one if they have probable cause it contains evidence
• Delete your recordings; they have no legal authority to do so
• Arrest you solely for recording their public activities
• Demand that you unlock your phone to review recordings without a warrant

Officers Can:

• Ask you to move back if you are physically interfering with their work or creating a safety hazard
• Establish a perimeter and require bystanders to stay outside it
• Arrest you for obstruction under ORS 162.247 if your recording activities actually interfere with their duties
• Seize and search your device with a warrant as part of a criminal investigation, or hold it while they seek a warrant if they have probable cause it contains evidence
• Order you to move if you are in an area that poses immediate danger

ORS 162.247: Interfering With a Police Officer

Oregon's interference statute makes it a Class A misdemeanor to intentionally act in a way that prevents or attempts to prevent a police officer from performing lawful duties. Simply recording from a safe distance does not constitute interference. However, the following could be considered interference:

• Physically blocking an officer's path while recording
• Reaching into a police vehicle to get a better angle
• Shouting at officers to distract them during an arrest
• Crossing a police line or entering a restricted area
• Standing so close that you impede officer movement

Recording Police During Protests and Demonstrations

Rights of Protesters and Bystanders

Oregon has seen significant protest activity, particularly in Portland. During protests and demonstrations:

• You can record police activity from public areas
• The unconcealed device exception supports recording at rallies and public demonstrations with a visible device
• Press and citizen journalists have the same recording rights as other members of the public
• Police crowd-control actions, use of force, and arrests can be recorded

Police Use of Surveillance During Protests

Oregon law places some limits on law enforcement surveillance. ORS 181A.250 restricts law enforcement agencies from collecting or maintaining information about the political, religious, or social activities of individuals unless there is reasonable suspicion of criminal conduct. This statute limits the scope of police surveillance at protests and demonstrations.

The City of Portland has additional ordinances governing surveillance technology. The Portland City Code Chapter 34.10 requires city bureaus to obtain approval before acquiring or using surveillance technologies.

Law Enforcement Body Cameras

Oregon Body Camera Policies

Oregon law does not mandate body cameras statewide, but many departments have adopted them. The Oregon Department of Public Safety Standards and Training provides training standards that include guidance on body camera use.

Body camera recordings by law enforcement are governed by ORS 133.741, which sets standards for law enforcement body cameras, and are also subject to ORS 165.540(5)(d), which exempts a uniformed officer displaying a badge who operates a body-worn camera recording on-duty interactions with the public, unless the officer has an opportunity to announce at the beginning of the interaction that the conversation is being obtained and can do so without jeopardy to anyone and without unreasonably impairing a criminal investigation.

Public Records Requests for Body Camera Footage

Oregon treats police body-camera recordings as conditionally exempt from disclosure under the Oregon Public Records Law. Under ORS 192.345(40), they are released only when the public interest requires disclosure in the particular case, and then:

• The request must identify the approximate date and time of the incident
• The request must be reasonably tailored to the material the public interest requires
• Released video must be edited so that the faces of all persons in it are unidentifiable
• Recordings sealed or ordered withheld by a court may not be disclosed

To request body camera footage, submit a public records request to the specific law enforcement agency. Agencies may charge fees for review and production of records.

What to Do If Your Rights Are Violated

During the Encounter

• Remain calm and do not resist physically
• Clearly state that you believe your recording rights are being violated
• Do not consent to device searches
• Note the officer's badge number, name, and patrol car number
• Look for witnesses who observed the encounter

After the Encounter

• Document everything in writing as soon as possible
• If your device was seized, do not attempt to retrieve it without legal advice
• File a complaint with the law enforcement agency's internal affairs division
• Contact the ACLU of Oregon for guidance on civil rights violations
• Consult with a civil rights attorney about potential claims under 42 U.S.C. 1983, which allows lawsuits against government officials who violate constitutional rights

Penalties Related to Recording Police Encounters

Penalties for Obstructing Police

If your recording activity crosses the line into interference with police duties under ORS 162.247:

Penalties for Illegal Audio Recording

If audio recording of a police encounter violates ORS 165.540:

Penalties for Officers Who Violate Your Rights

Officers who unlawfully seize your device, delete recordings, or arrest you for lawful recording activity may face:

• Internal department discipline
• Civil liability under 42 U.S.C. 1983
• Qualified immunity can still bar recovery: an officer is liable for damages only if the right was clearly established for the specific conduct at the time, and courts in other circuits have recognized the right to record while still granting officers immunity

Oregon Recording Laws by Topic

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

Back to Oregon Recording Laws

More Oregon Recording Topics

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Frequently Asked Questions

Can I record police officers in Oregon?

Yes. You have a First Amendment right to record police officers performing their duties in public. Silent video of police in public does not trigger ORS 165.540, though trespass and interference laws still apply. For audio recording, ORS 165.540(5)(b) allows you to record a conversation with an on-duty officer if you record openly and in plain view, the conversation is audible to you by normal unaided hearing, and you are in a place where you lawfully may be. Do not physically interfere with police operations.

Can a police officer tell me to stop recording in Oregon?

An officer cannot order you to stop recording solely because you are filming. However, an officer can ask you to move if you are physically interfering with their duties, creating a safety hazard, or within an established perimeter. If asked to move back, comply while continuing to record from a safe distance.

Can police seize my phone in Oregon?

Under Riley v. California (2014), police generally need a warrant to search the contents of your phone, although they may hold the phone while they get one if they have probable cause it contains evidence. Officers have no authority to delete your recordings. If your phone is seized, do not consent to a search and contact an attorney.

Can I record police during a protest in Oregon?

Yes. The First Amendment protects recording at protests and demonstrations. Oregon's unconcealed device exception also supports recording at rallies and public demonstrations with a visible device. Stay at a safe distance, do not interfere with police operations, and keep your recording device visible.

What should I do if police violate my recording rights in Oregon?

Remain calm during the encounter and do not resist. Note the officer's badge number and name. Document everything in writing afterward. File a complaint with the department's internal affairs division. Contact the ACLU of Oregon or a civil rights attorney about potential claims under 42 U.S.C. 1983.