Washington Laws on Recording Police: Your Rights and Legal Limits (2026)

Washington residents have a First Amendment right to record police officers performing their duties in public. On-duty officers have a reduced expectation of privacy, and RCW 9.73.090 creates specific recording authorities for uniformed officers. Officers cannot lawfully order you to stop recording or demand that you delete footage.

Recording police officers during public encounters is a protected right in Washington. The First Amendment to the United States Constitution protects the right of individuals to document law enforcement activities in public spaces. At the same time, Washington law provides specific recording authorities to law enforcement under RCW 9.73.090, creating a two-way framework where both citizens and officers have defined recording rights and responsibilities.

Understanding these rules helps both citizens and law enforcement operate within the law. For citizens, knowing your rights prevents unnecessary confrontation. For officers, understanding the public's recording rights reduces the risk of constitutional violations.

Your Right to Record Police in Washington

The Constitutional Foundation

The right to record law enforcement officers performing their public duties is grounded in the First Amendment to the United States Constitution. Multiple federal circuits have recognized this right. The Ninth Circuit -- which covers Washington -- did so in Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), a case that arose from a Seattle protest march. Fordyce is the foundational Ninth Circuit precedent on this issue and carries special weight in Washington courts as a case decided on Washington facts. The U.S. Department of Justice has also affirmed the right in guidance documents and court filings.

Key principles:

• Public duty, public accountability: Police officers performing their duties in public have a reduced expectation of privacy regarding those activities.
• Documentation as protected speech: Recording government officials in the performance of their duties is a form of expression and newsgathering protected by the First Amendment.
• No prior restraint: Officers cannot prevent recording before it occurs based on a general concern about interference.

What You Can Record

You have the right to record:

• Traffic stops involving your own vehicle or others
• Arrests occurring in public view
• Protests and demonstrations where police are present
• Police interactions with members of the public on streets, sidewalks, and other public spaces
• Public meetings where law enforcement is present
• Any police activity visible from a location where you have a legal right to be

What Officers Cannot Do

Law enforcement officers in Washington cannot lawfully:

• Order you to stop recording unless you are physically interfering with their duties
• Demand that you delete photos, video, or audio recordings
• Seize your recording device without a warrant, except in very narrow exigent circumstances
• Arrest you solely for recording their activities
• Retaliate against you for exercising your recording rights

Your Responsibilities While Recording

While you have the right to record, you must follow certain rules:

• Do not physically interfere with police operations. Maintain a safe distance that allows officers to perform their duties.
• Do not obstruct police activities. Under RCW 9A.76.020, obstructing a law enforcement officer is a gross misdemeanor.
• Follow lawful orders to move back if you are too close to an active scene, as long as the order is related to safety or operational needs and not designed solely to prevent recording.
• Do not trespass on private property to get a better recording angle.

Law Enforcement Recording Authority Under RCW 9.73.090

Overview

While Washington's two-party consent law generally requires consent from all parties to record a private communication, RCW 9.73.090 carves out specific exceptions for law enforcement activities.

Emergency Call Recording

Under RCW 9.73.090(1), incoming telephone calls to police and fire stations and similar facilities may be recorded without the caller's consent. This exception ensures that 911 calls and other emergency communications are preserved as evidence and for quality review.

Recording Arrested Persons

RCW 9.73.090(1) also allows officers responsible for making arrests or holding persons in custody to record those individuals without their consent. This includes:

• Statements made during arrest
• Booking conversations
• Communications in holding facilities

Dashboard and Body Camera Recording

One of the most significant provisions of RCW 9.73.090(1)(c) addresses body camera and dashboard camera recordings by law enforcement officers. Under this provision:

• Sound recordings may be made by a uniformed law enforcement officer equipped with a body camera or dashboard camera system
• The recording must be part of a video recording system that has been activated for a specific event
• Officers cannot intentionally turn off the audio recording during an active event
• The video recording system must be capable of recording audio and video simultaneously

Important Limitations on Police Recording

The law enforcement recording exceptions are not unlimited:

• Officers conducting undercover investigations do not have a blanket exception. Undercover recordings generally require a court order.
• The body camera exception applies to uniformed officers equipped with the recording system. It does not extend to plainclothes officers.
• Officers must comply with their department's body camera policies, which may impose additional requirements beyond the statute.

Custodial Interrogation Recording Requirements

The Uniform Electronic Recordation Act (RCW 10.122)

Washington adopted the Uniform Electronic Recordation of Custodial Interrogations Act, codified at RCW 10.122. This law requires law enforcement to electronically record custodial interrogations in certain cases.

When Recording Is Required

Electronic recording is required for custodial interrogations involving:

• Juvenile suspects of any crime
• Adult suspects of felony offenses

The recording must capture the entire interrogation, including any Miranda warnings given and the suspect's responses.

Notice Requirements

Officers must inform the individual that the interrogation is being recorded. However, the individual's consent is not required. The statute overrides the normal two-party consent requirement of RCW 9.73.030 for these specific situations.

Consequences of Failing to Record

If law enforcement fails to record a custodial interrogation as required:

• The court must consider the failure when evaluating the admissibility of any statement made during the interrogation
• The court may instruct the jury regarding the failure to record
• A statement obtained during an unrecorded interrogation may be suppressed or given reduced weight

Body Camera Policies in Washington

Statewide Framework

Washington does not have a single statewide body camera mandate, but the legislature has established a framework for agencies that choose to use them. Key statutory provisions include:

• RCW 9.73.090: Authorizes audio recording by uniformed officers with body cameras
• RCW 42.56.240: Addresses public records requests for body camera footage
• RCW 10.109: Provides guidelines for law enforcement use of body cameras

When Officers Must Activate Cameras

Department policies typically require officers to activate body cameras during:

• Traffic stops
• Arrests and detentions
• Use-of-force incidents
• Searches of persons or property
• Responses to calls for service
• Interactions with the public during law enforcement activities

When Officers May Deactivate Cameras

Officers may deactivate cameras in limited situations:

• When speaking with confidential informants
• During conversations with undercover officers
• In situations where recording would compromise a sensitive investigation
• At the request of a crime victim, in some circumstances

Prohibition on Intentional Deactivation During Events

Under RCW 9.73.090, officers cannot intentionally turn off audio recording during an active event. This provision was designed to prevent officers from selectively recording only portions of an encounter.

Public Records and Body Camera Footage

Public Records Act

Body camera footage is subject to Washington's Public Records Act (RCW 42.56). Members of the public may request body camera footage through a public records request.

Exemptions and Redactions

Certain portions of body camera footage may be exempt from disclosure or require redaction:

• Faces of witnesses and bystanders may be redacted to protect privacy
• Footage inside private residences may be partially exempt
• Recordings involving minors may be withheld or redacted
• Ongoing investigation footage may be temporarily withheld
• Footage capturing intimate images is exempt from disclosure

Response Timeline

Under the Public Records Act, agencies must respond to records requests within five business days, though the actual production of footage may take longer depending on the volume of material and required redactions.

Recording Police During Protests

Protected Activity

Recording police during protests and public demonstrations is constitutionally protected activity. Washington has a strong tradition of protecting protest rights, and courts have consistently held that documenting police conduct at protests serves important democratic accountability functions.

Practical Tips for Recording at Protests

• Stay on public property: Record from sidewalks, public parks, or other areas where you have a legal right to be.
• Maintain distance: Stay far enough from police lines that you cannot be accused of interference.
• Be visible: Open, visible recording is less likely to provoke confrontation than concealed recording.
• Back up footage: Use cloud storage or streaming to preserve footage in case your device is seized.
• Know the obstruction law: RCW 9A.76.020 makes it a gross misdemeanor to obstruct a law enforcement officer. Recording alone is not obstruction, but physically blocking an officer while recording could be.

Recording at Open Public Meetings

RCW 42.30.040 expressly preserves the right of any person to record an open public meeting. Members of the public attending a city council session, county commission hearing, school board meeting, or other open public meeting may audio- or video-record the proceedings. The governing body may impose reasonable time, place, and manner restrictions -- such as requiring that equipment not obstruct the view of other attendees -- but it cannot prohibit recording outright.

Because the meeting is open to the public, participants have no reasonable expectation of privacy. Washington's all-party consent requirement under RCW 9.73.030 does not apply to recording official government proceedings at open public meetings.

For executive sessions and closed meetings, recording rights do not apply.

What to Do If Police Interfere with Your Recording

During the Encounter

If a police officer attempts to stop you from recording:

1. Stay calm and respectful
2. State clearly: "I am exercising my First Amendment right to record in a public space."
3. Do not physically resist if an officer attempts to take your device. Verbal objection is sufficient.
4. Note the officer's name and badge number if possible
5. Note the time, date, and location of the encounter
6. Ask for the legal basis of any order to stop recording

After the Encounter

If your recording rights were violated:

• File a complaint with the officer's department or the city's civilian oversight board
• Contact the ACLU of Washington (aclu-wa.org) for legal assistance
• Consult an attorney about potential civil rights claims under 42 U.S.C. Section 1983
• Preserve all evidence, including any footage you managed to retain

Penalties for Interfering with Police

Under RCW 9A.76.020, obstructing a law enforcement officer is a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine. This statute applies when a person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official duties.

However, simply recording an officer's actions from a reasonable distance is not obstruction. The recording must actually interfere with the officer's ability to perform their duties.

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