Hawaii Laws on Recording Police: Your Rights Under Act 164

Hawaii provides some of the strongest statutory protections in the nation for recording law enforcement officers. In 2016, the state legislature passed Act 164, which amended both the privacy statute and the obstruction statute to create explicit legal protection for citizens who record police. Combined with First Amendment protections that apply nationwide, Hawaii residents and visitors have clear authority to document police activity in public.

This guide covers the specific legal protections, the limitations on recording police, what officers can and cannot do when they encounter someone recording, and practical advice for exercising your rights safely.

Act 164 (2016): Hawaii's Right to Record Law

What the Law Says

Act 164 (2016) amended two key statutes to protect the right to record police:

Amendment to HRS 711-1111 (Privacy). The law added a new subsection to the privacy statute stating that it is not a violation of privacy in the second degree to make a video or audio recording of a law enforcement officer while the officer is in the performance of the officer's duty in a public area, or under circumstances in which the officer has no reasonable expectation of privacy.

Amendment to HRS 710-1010 (Obstruction). The law also amended the obstruction of government operations statute to state that making a video or audio recording of a law enforcement officer while the officer is performing duties shall not constitute obstruction of government operations, provided the person making the recording does not interfere with the officer's duties.

Why Hawaii Passed Act 164

The Hawaii Legislature found that the ability to record police interactions serves important public interests:

• Accountability: Recordings provide an objective record of police conduct
• Transparency: Public recording promotes openness in government operations
• Protection: Recordings protect both citizens and officers by preserving evidence of what actually occurred
• First Amendment rights: The Legislature recognized that recording government officials performing public duties is protected expression

What You Can Legally Record

Public Places

Under Act 164, you can record law enforcement officers performing their duties in any public place, including:

• Public streets, sidewalks, and intersections
• Public parks, beaches, and recreational areas
• Public buildings and government facilities open to the public
• Shopping centers, restaurants, and other businesses (with property owner permission)
• Airports, bus stations, and other transportation hubs
• Any area where the public has general access

Specific Police Activities You Can Record

You are legally protected when recording:

• Traffic stops, including your own traffic stop
• Arrests happening in public view
• Police responses to incidents in public areas
• Interactions between officers and civilians in public settings
• Use of force incidents
• Protests and demonstrations where police are present
• DUI checkpoints and sobriety tests
• Police press conferences and public statements

Audio and Video

Act 164 protects both video and audio recording. You can:

• Film with a smartphone, camera, or other video device
• Record audio using a voice recorder or phone
• Livestream police encounters on social media platforms
• Use a dashcam that captures police interactions

Limitations on Recording Police

Reasonable Actions by Officers

Act 164 specifically preserves the right of law enforcement officers to take certain reasonable actions while being recorded. Officers may:

• Maintain safety and control in dangerous situations
• Secure crime scenes and accident sites to preserve evidence
• Protect the integrity and confidentiality of ongoing investigations
• Protect public safety and order during emergencies or crowd control situations
• Establish perimeters around active crime scenes or emergency areas

What You Cannot Do While Recording

While your right to record is protected, you must comply with certain limitations:

• Do not physically interfere with police operations or place yourself in the way of officers performing their duties
• Do not trespass on restricted areas, crime scenes, or areas that have been lawfully cordoned off
• Do not obstruct traffic or create safety hazards while recording
• Do not tamper with evidence or crime scenes
• Follow lawful orders to move back from a dangerous area (though you can continue recording from a safe distance)

The Interference Standard

The line between lawful recording and unlawful interference is based on whether your presence and actions actually impede police operations. Courts have generally held that:

• Standing at a reasonable distance and recording does not constitute interference
• Verbally challenging officers while recording does not constitute interference (though it may escalate the situation)
• Physically blocking an officer, grabbing an officer, or inserting yourself into a physical altercation does constitute interference
• Refusing to move back when ordered to do so for legitimate safety reasons may constitute interference

What Officers Cannot Do

Prohibited Officer Actions

Law enforcement officers in Hawaii cannot legally:

• Order you to stop recording solely because they do not want to be filmed
• Seize your phone or camera without a warrant, except in rare exigent circumstances
• Delete your recordings under any circumstances
• Arrest you for recording when you are not otherwise interfering with their duties
• Threaten you with arrest for the act of recording alone
• Retaliate against you for exercising your right to record

The Warrant Requirement for Devices

Under the U.S. Supreme Court's decision in Riley v. California (2014), law enforcement generally needs a warrant to search the contents of a cell phone, including recorded videos and photos. This means officers cannot demand to view or delete your recordings without either a warrant or your voluntary consent.

If an Officer Tells You to Stop Recording

If a police officer orders you to stop recording in Hawaii:

1. Remain calm and polite. Do not argue or become confrontational.
2. State your rights clearly. You can say: "I am exercising my right to record under Hawaii Act 164. I am not interfering with your duties."
3. Comply with lawful orders to move back from a dangerous area, but continue recording from a safe distance.
4. Do not physically resist if an officer attempts to take your device. Assert your rights verbally but comply physically.
5. Document everything afterward, including the officer's name, badge number, and details of the encounter.
6. File a complaint with the relevant police department or contact an attorney if your rights were violated.

Recording Your Own Traffic Stop

Your Rights During a Traffic Stop

You have the right to record your own traffic stop in Hawaii. This includes:

• Keeping your phone or dashcam recording throughout the encounter
• Using a phone mounted on your dashboard to record video
• Holding your phone to record, though keeping your hands visible is advisable for safety
• Having passengers record the interaction

Practical Tips for Recording Traffic Stops

• Start recording before the officer approaches your vehicle if possible
• Keep the recording device in plain view rather than hiding it
• Do not reach for your phone if the officer is at your window; explain what you are doing
• State the date, time, and location at the start of the recording
• Keep your hands visible while recording for officer safety
• Save and back up the recording as soon as the stop is over

Constitutional Protections

First Amendment Right to Record

Beyond Hawaii's statutory protections under Act 164, the First Amendment to the U.S. Constitution provides an independent basis for the right to record police. Multiple federal circuit courts have recognized this right, and the U.S. Department of Justice has affirmed that recording police performing their duties in public is a constitutionally protected activity.

While the U.S. Supreme Court has not issued a definitive ruling on the right to record police, the overwhelming weight of federal appellate authority supports this right.

Section 1983 Civil Rights Claims

If a law enforcement officer violates your right to record in Hawaii, you may have a federal civil rights claim under 42 U.S.C. 1983. This federal statute allows individuals to sue state actors who violate their constitutional rights. Remedies may include:

• Compensatory damages for injuries or losses
• Nominal damages for the constitutional violation itself
• Punitive damages for egregious misconduct
• Attorney fees and costs

Police Body Cameras in Hawaii

Body Camera Programs

Several Hawaii law enforcement agencies have implemented or are implementing body camera programs. The Honolulu Police Department launched its body-worn camera program to increase transparency and accountability.

Public Access to Body Camera Footage

Access to police body camera footage in Hawaii is governed by the Uniform Information Practices Act (HRS Chapter 92F). Footage may be available through public records requests, though exemptions exist for:

• Ongoing investigations
• Privacy of individuals captured in recordings
• Certain categories of sensitive law enforcement information

Recording in Specific Law Enforcement Settings

Courthouses

Recording in Hawaii courthouses is subject to the rules of the court. Generally, recording is not permitted inside courtrooms without prior approval from the presiding judge. Common areas of courthouses may have different rules.

Police Stations

Inside police stations, you may have limited recording rights in public areas such as lobbies. Interview rooms and secure areas are typically restricted. Recording your own interactions with officers at a station window or front desk is generally protected.

Correctional Facilities

Recording inside prisons and jails is heavily restricted. Visitors are generally not permitted to bring recording devices into correctional facilities. Any recording rights are subject to the security regulations of the specific facility.

What to Do If Your Rights Are Violated

Immediate Steps

1. Do not resist physically. If an officer confiscates your device or orders you to stop, comply physically while asserting your rights verbally.
2. Remember details. Note the officer's name, badge number, patrol car number, and the time and location of the incident.
3. Find witnesses. Get contact information from anyone who observed the encounter.
4. File a complaint. Contact the relevant police department's internal affairs division.

Legal Remedies

You may be able to pursue:

• Internal affairs complaints with the police department
• Civilian oversight board complaints where available
• Federal civil rights lawsuits under 42 U.S.C. 1983
• State tort claims for trespass to personal property (if your device was seized), false arrest, or similar causes of action

More Hawaii Recording Laws

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

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