Arizona
Arizona Laws on Recording Police: Your Rights After HB 2319
Arizona residents have a First Amendment right to record police officers performing their duties in public. Audio recordings fall under Arizona's one-party consent law (A.R.S. 13-3005). Arizona's eight-foot buffer rule, HB 2319 (A.R.S. 13-3732), was permanently blocked by a federal court in 2023 and cannot be enforced.
You have the legal right to record police officers in Arizona. The First Amendment to the U.S. Constitution protects your ability to film, photograph, and audio record law enforcement officers performing their official duties in public spaces, as established by Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018). Arizona's attempt to restrict this right through HB 2319 was permanently enjoined by stipulated injunction in Arizona Broadcasters Ass'n v. Mayes (D. Ariz. July 21, 2023).
This guide covers the full scope of your rights to record police in Arizona, the history and downfall of the eight-foot restriction, what officers can and cannot do when you are filming, and practical tips for safely and legally recording law enforcement encounters.
The Constitutional Right to Record Police
First Amendment Protection
Multiple federal courts, including the U.S. Supreme Court, have recognized that the First Amendment protects the right of individuals to record police officers carrying out their duties in public. This right flows from the broader freedom of the press and the freedom of speech, which encompass the right to gather information about government officials acting in their public capacity.
The Ninth Circuit Court of Appeals, which covers Arizona, has established a clearly recognized First Amendment right to record police in two controlling decisions: Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018). Both decisions establish that recording officers performing their public duties is protected First Amendment activity. U.S. District Judge John J. Tuchi relied on this clearly established Ninth Circuit precedent in the Arizona Broadcasters case, finding that the right to record law enforcement in public was beyond reasonable dispute.
What This Right Covers
Your right to record police in Arizona includes:
- Filming traffic stops, including your own
- Recording arrests happening in public view
- Documenting police interactions with yourself or others
- Livestreaming encounters on social media platforms
- Photographing officers and their vehicles, badges, and equipment
- Audio recording conversations with police (one-party consent applies under ARS 13-3005)
- Recording from any public location where you have a legal right to be
The Rise and Fall of HB 2319 (The Eight-Foot Rule)
What the Law Said
In 2022, Arizona Governor Doug Ducey signed HB 2319 into law, codified as ARS 13-3732. The law made it a Class 3 misdemeanor to knowingly make a video recording of law enforcement activity within eight feet of where the activity was occurring, if the person making the recording was warned by an officer that they were too close.
The law included exceptions for:
- The person who was the subject of the police encounter
- A person in a vehicle during a traffic stop
- A person recording from inside a private residence
The Legal Challenge
A coalition including the American Civil Liberties Union of Arizona, several news organizations, and individual journalists challenged HB 2319 in federal court shortly after it was signed. The plaintiffs argued that the law violated the First Amendment by restricting speech based on its content (recording police) and was not narrowly tailored to serve a compelling government interest.
The Court's Ruling
On July 21, 2023, U.S. District Judge John J. Tuchi entered a permanent injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. 2023), blocking enforcement of ARS 13-3732. The injunction was stipulated -- the Arizona Attorney General agreed not to defend the statute, and the parties jointly presented the injunction for entry. Because the resolution was by stipulation, the court did not issue a full merits ruling on First Amendment strict scrutiny. The declaratory judgment confirms the statute is unenforceable as a restriction on First Amendment-protected recording activity. HB 2319 cannot be enforced anywhere in Arizona.
What This Means for You
The permanent injunction means you can record police from any distance in Arizona, as long as you are in a public place and not physically interfering with police operations. The eight-foot restriction has no legal force.
What You Can Do When Recording Police
Your Specific Rights
When recording law enforcement in Arizona, you can:
- Stand on any public sidewalk, street, or property and record
- Use any device including smartphones, cameras, body cameras, and professional video equipment
- Record audio as well as video under one-party consent rules
- Refuse to identify yourself unless you are suspected of committing a crime (Arizona has a stop-and-identify statute under ARS 13-2412, but it only applies when you are lawfully detained on suspicion of criminal activity)
- Refuse to stop recording when an officer asks you to
- Refuse to show officers your footage without a warrant
- Refuse to delete footage under any circumstances
- Livestream your recording so a copy exists even if your device is seized
Recording Your Own Police Encounter
If you are the subject of a police encounter (traffic stop, pedestrian stop, or arrest), you have the right to record the interaction. Under the HB 2319 ruling, even the now-defunct law acknowledged an exception for the subject of the encounter. Best practices:
- Inform the officer calmly that you are recording
- Keep your hands visible if possible
- Do not make sudden movements to reach for your phone
- If your phone is already out, keep recording
- You can also ask a passenger to record the encounter
What You Cannot Do When Recording Police
Limitations on Your Right
The right to record is not unlimited. You cannot:
- Physically interfere with police operations
- Trespass on private property to get a better angle for recording
- Enter a crime scene that has been cordoned off
- Obstruct an officer's movement or block them from performing their duties
- Refuse to comply with lawful orders to move back from an active tactical situation (such as an active shooter or hostage situation)
- Resist arrest if an officer unlawfully tries to stop your recording (assert your rights verbally, then challenge the action in court)
Arizona's Existing Obstruction Laws
Officers may still use existing statutes if your recording activity crosses into interference:
- ARS 13-2409: Obstructing a criminal investigation or prosecution (Class 5 felony)
- ARS 13-2506: Obstructing a highway or public thoroughfare (Class 3 misdemeanor)
- ARS 13-1502: Criminal trespass (applicable if you enter private property to record)
These laws apply to your conduct, not to the act of recording itself. An officer cannot use obstruction as a pretext to stop lawful recording.
What Officers Cannot Do
Prohibited Officer Conduct
Arizona police officers cannot:
- Order you to stop recording solely because they do not want to be filmed
- Confiscate your phone or camera without a warrant or probable cause
- Delete footage from your device under any circumstances
- Arrest you for the sole act of recording in a public place
- Threaten you with arrest for lawful recording activity
- Physically assault you or use force to prevent recording
- Retaliate against you for exercising your First Amendment rights
What to Do if an Officer Violates Your Rights
If a police officer unlawfully interferes with your recording:
- Stay calm and do not physically resist. Verbal resistance is protected; physical resistance can lead to additional charges regardless of whether the underlying stop was lawful.
- State clearly: "I am exercising my First Amendment right to record. I am not interfering with your duties."
- Note the officer's name, badge number, and patrol car number if possible.
- File a complaint with the department's internal affairs division.
- Contact the ACLU of Arizona or a civil rights attorney if your rights were violated.
- File a Section 1983 civil rights lawsuit in federal court if you suffered damages from the violation.
Police Body Cameras in Arizona
State Law on Body-Worn Cameras
Arizona does not have a comprehensive statewide body camera mandate. Individual police departments set their own policies on body-worn cameras. However, many Arizona law enforcement agencies have adopted body camera programs, including:
- The Phoenix Police Department
- The Tucson Police Department
- The Mesa Police Department
- The Maricopa County Sheriff's Office
Body-Worn Camera Statutory Framework
Arizona does not have a single statute setting statewide definitions or operational requirements for the peace officer body-worn camera program -- individual departments set their own written policies, consistent with the point above. ARS 41-1734 governs how the Arizona Department of Public Safety specifically discloses, redacts, and charges fees for its own body-worn camera footage; it does not extend to other Arizona law enforcement agencies.
Accessing Body Camera Footage
Body camera footage from Arizona law enforcement is a public record subject to ARS 39-121. For footage held by the Arizona Department of Public Safety specifically, the disclosure and redaction rules in ARS 41-1734 also apply. You can request footage through a public records request to the relevant agency. Exceptions apply:
- Footage from ongoing criminal investigations may be withheld
- The Department of Public Safety may redact footage showing victims or juveniles under ARS 41-1734
- Agencies may charge reasonable fees for copying and producing the footage
Recording at Government Meetings and Buildings
Arizona Open Meeting Law
The Arizona Open Meeting Law (ARS 38-431.01) explicitly protects the public's right to record government meetings. You can record:
- City council meetings
- County board of supervisors meetings
- School board meetings
- Police oversight board meetings
- Public hearings and forums
- Any meeting of a public body
The law states that persons in attendance may record any portion of a public meeting, as long as the recording does not actively interfere with the meeting. No prior permission is needed.
Recording Inside Government Buildings
You generally have the right to record in public areas of government buildings (lobbies, hallways, courtrooms during public proceedings). However, some areas may have additional restrictions:
- Courtrooms are subject to the presiding judge's rules
- Secure areas of police stations and jails are restricted
- Some government offices may have posted policies about recording
Arizona Recording Laws by Topic
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Frequently Asked Questions
Can I record police officers in Arizona?
Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. Arizona's 2022 eight-foot restriction law (HB 2319) was permanently struck down as unconstitutional by a federal court in 2023. You can record from any distance as long as you do not physically interfere with police operations.
Was the Arizona eight-foot police recording law overturned?
Yes. HB 2319 was permanently enjoined by stipulated injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. July 21, 2023) (Tuchi, J.). The Arizona Attorney General agreed not to defend the statute. The injunction was entered by stipulation, not after a full merits ruling. ARS 13-3732 is unenforceable anywhere in Arizona.
Can a police officer in Arizona tell me to stop recording?
An officer cannot legally order you to stop recording solely because they do not want to be filmed. They can ask you to move if you are physically interfering with their duties or creating a safety hazard, but the act of recording itself is protected. If an officer orders you to stop, calmly state that you are exercising your First Amendment right.
Can police confiscate my phone for recording them in Arizona?
No. An officer cannot confiscate your recording device without a warrant or probable cause of a crime. They also cannot delete your footage under any circumstances. If an officer takes your phone, do not physically resist, but clearly state your objection and file a complaint afterward.
Can I record police during a traffic stop in Arizona?
Yes. You can record your own traffic stop as either the driver or a passenger. You can also record other people's traffic stops from a public location. Keep your hands visible and do not make sudden movements that could be misinterpreted as a threat.
Updates
Corrected the body-worn camera statutory framework section (the corpus's linked ARS 38-1171/38-1172 text is unrelated first-responder death-benefit law, not a body-cam statute, and no such statewide statute could be verified via the official Arizona Legislature site), narrowed ARS 41-1734's disclosure/redaction rules to the Department of Public Safety as the statute itself scopes them, and fixed the obstruction-statute citation from ARS 13-2404 (fire control, misdemeanor) to the correct ARS 13-2409 (obstructing investigations, Class 5 felony).
Governing law re-checked for recent changes
Added Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018) as controlling Ninth Circuit authority establishing the right to record police. Reframed HB 2319 / ARS 13-3732 injunction as stipulated injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes (D. Ariz. July 21, 2023), not a full merits ruling. Added ARS 38-1171, 38-1172, and 41-1734 body-worn camera statutory framework section replacing bare public-records-law reference. Updated citations array.
The Law Behind This Article
This article rests on 9 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 24 (OBSTRUCTION OF PUBLIC ADMINISTRATION)
§ 13-2404Refusing to assist in fire control; classificationIn force
A. A person commits refusing to assist in fire control if: 1. Upon a reasonable command by a person reasonably known to be a fireman, such person knowingly refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or 2. Upon command by a person reasonably known to be a fireman or peace officer, such person knowingly disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire. B. In this section, "fireman" means any officer of the fire department, the state forester or his deputies or any other person vested by law with the duty to extinguish fires. C. A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, if such person acted reasonably under the circumstances known to him at the time. D. Refusing to assist in fire control is a class 1 misdemeanor.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
§ 13-2412Refusing to provide truthful name when lawfully detained; classificationIn force
A. It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer. B. A person who violates this section is guilty of a class 2 misdemeanor.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 30 (EAVESDROPPING AND COMMUNICATIONS)
§ 13-3005Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptionsIn forcecited in 18 of our articles
A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either: 1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof. 2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion. 3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do. B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which are utilized for wire or electronic communication is guilty of a class 6 felony.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: One-Party Consent States: Complete 2026 Guide, Arizona Recording Laws (2026): One-Party Consent Rules, Arizona Audio Recording Laws: Complete Guide to Consent Rules
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 37 (MISCELLANEOUS OFFENSES)
§ 13-3732Unlawful video recording of law enforcement activity; classification; definitionIn forcecited in 4 of our articles
A. It is unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording is within eight feet of where the person knows or reasonably should know that law enforcement activity is occurring, either receives or has previously received a verbal warning from a law enforcement officer that the person is prohibited from making a video recording of a law enforcement activity within eight feet of the activity and continues to make a video recording of the law enforcement activity within eight feet of the activity. If the law enforcement activity is occurring in an enclosed structure that is on private property, a person who is authorized to be on the private property may make a video recording of the activity from an adjacent room or area that is less than eight feet away from where the activity is occurring, unless a law enforcement officer determines that the person is interfering in the law enforcement activity or that it is not safe to be in the area and orders the person to leave the area. B.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Dashcam Laws: Rules for Dashboard Cameras in Vehicles, Arizona Video Recording Laws: Rules for Cameras and Filming
Arizona Revised Statutes, Title 38 (Public Officers and Employees), Chapter 8 (PUBLIC SAFETY OFFICERS), Article 3 (Civilian Review Boards)
§ 38-1171DefinitionsIn forcecited in 2 of our articles
(Caution: 1998 Prop. 105 applies; Rpld. 1/1/33) In this article, unless the context otherwise requires: 1. "First responder": (a) Has the same meaning prescribed in section 13-1204. (b) Includes a member of the Arizona national guard who is on state active duty in this state and a correctional officer who is employed by the state department of corrections. 2. "Killed in the line of duty" means killed as the result of another person's criminal act while in the performance of the first responder's official duties.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
§ 38-1172State death benefitIn forcecited in 2 of our articles
(Caution: 1998 Prop. 105 applies; Rpld. 1/1/33) In addition to any other death benefit, beginning from and after June 30, 2025, if a first responder is killed in the line of duty, on written notice to the state treasurer from the first responder's employer this state shall pay a state death benefit of $250,000 to the first responder's surviving spouse. If the first responder does not have a surviving spouse but has children, this state shall pay a state death benefit of $250,000, divided equally among the first responder's children. The state shall pay the death benefit within thirty days after receiving the written notice from the first responder's employer.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Arizona Revised Statutes, Title 38 (Public Officers and Employees), Chapter 3 (CONDUCT OF OFFICE), Article 3.1 (Public Meetings and Proceedings)
§ 38-431.01Meetings shall be open to the public; seating; minutes; recordingsIn forcecited in 4 of our articles
A. All meetings of any public body shall be public meetings and all persons so desiring shall be allowed to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting. B. Schools, school boards, executive boards and municipalities shall provide for an amount of seating sufficient to accommodate the reasonably anticipated attendance of all persons desiring to attend the deliberations and proceedings, when feasible. This section does not require a public body to relocate a meeting outside of the largest regular meeting room. C. All public bodies shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, the minutes or recording shall include: 1. The date, time and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, including a record of how each member voted.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Laws on Recording in Public: What You Can and Cannot Film, Arizona School Recording Laws: Rules for Students, Parents, and Teachers
Arizona Revised Statutes, Title 39 (Public Records, Printing and Notices), Chapter 1 (PUBLIC RECORDS), Article 2 (Searches and Copies)
§ 39-121Inspection of public recordsIn forcecited in 2 of our articles
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Also relied on in: Arizona Public Records Law: Requests, Fees, and Special Actions
Arizona Revised Statutes, Title 41 (State Government), Chapter 12 (PUBLIC SAFETY), Article 2 (Department of Public Safety)
§ 41-1734Video recordings; release; consent; redactions; request requirements; feeIn forcecited in 2 of our articles
A. The department may release to the public a copy of a video recording only if one or more of the following apply: 1. All persons other than peace officers shown in the video recording consent to the release, or any information that may identify persons shown in the video has been redacted. If a person shown in the video recording is deceased, the person's parent, guardian, next of kin or estate may provide the consent. 2. The department is the custodian of the video recording and reasonably determines that there is an important public purpose for releasing the video recording, including a situation in which the video recording involves any of the following: (a) A person being arrested for a misdemeanor or felony with a sentence that may result in incarceration. (b) One or more peace officers using physical force. (c) An allegation of law enforcement misconduct. B. Before the department releases to the public a copy of a video recording, the department shall review the video recording to determine whether redacting or withholding the video recording is appropriate. The department: 1.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
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Sources and References
- Arizona Revised Statutes 13-3732 - Recording of Law Enforcement Activity(azleg.gov).gov
- Arizona Revised Statutes 13-3005 - Interception of Communications(azleg.gov).gov
- Arizona Open Meeting Law - ARS 38-431.01(azleg.gov).gov
- Arizona Public Records Law - ARS 39-121(azleg.gov).gov
- ARS 41-1734 - DPS peace officer body camera requirement(azleg.gov).gov
- Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995) - First Amendment right to record in public(law.cornell.edu)
- Askins v. U.S. Dept of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018) - clearly established right to record police(law.cornell.edu)
- EFF - Federal Judge Upholds Right to Record Police in Arizona(eff.org)
- ARS 13-2409 - Obstructing criminal investigations or prosecutions(azleg.gov).gov
- Arizona Revised Statutes 13-2412 - Failure to Provide Truthful Name(azleg.gov).gov