Hawaii Laws on Recording Police: Your Rights and Act 164

Recording police officers performing their duties in public is protected in Hawaii. The Hawaii Supreme Court held in State v. Russo (2017) that it is protected by the First Amendment and the Hawaii Constitution, and Act 164 (2016) amended HRS 711-1111 and HRS 710-1010 so that filming officers performing their duties in public, or where they have no reasonable expectation of privacy, is not by itself a privacy violation or obstruction.

In 2016, the state legislature passed Act 164, which amended both the privacy statute and the obstruction statute so that recording police performing their duties in public is not, by itself, a crime under either law. The underlying right is constitutional: in State v. Russo (2017), the Hawaii Supreme Court held that filming police officers performing their duties in public is protected by the First Amendment and article I, section 4 of the Hawaii Constitution, subject to reasonable time, place, and manner limits.

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 Recording Exceptions

What the Law Says

Act 164 (2016) amended two criminal statutes to add exceptions for recording police:

Amendment to HRS 711-1111 (Privacy). The law added a proviso to paragraph (1)(d) of the privacy statute stating that it does not prohibit making a video or audio recording or taking a photograph of a law enforcement officer while the officer is in the performance of the officer's duties in a public place, or under circumstances in which the officer has no reasonable expectation of privacy, as long as the person is not interfering with the officer's ability to maintain safety and control, secure crime scenes and accident sites, protect investigations, and protect public safety and order.

Amendment to HRS 710-1010 (Obstruction). The law also amended the obstruction of government operations statute so that the obstruction offense does not apply to a person making a video or audio recording or taking a photograph of a law enforcement officer performing duties in a public place, or where the officer has no reasonable expectation of privacy. The officer keeps the power to take reasonable action for safety, crime scenes, investigations, and public order. Obstruction itself requires using or threatening violence, force, or a physical interference or obstacle.

Why Recording Police Matters

Act 164 itself contains no legislative findings, but recording 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: In State v. Russo (2017), the Hawaii Supreme Court held that filming police performing their duties in public is protected expression

What You Can Legally Record

Public Places

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 from a public place (protected under the First Amendment reasoning in Russo, though Act 164's text speaks only of recording and photographing)
• 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
• Search the contents of your phone without a warrant, except in rare exigent circumstances (they may hold the phone while they get one)
• 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. Officers may seize and hold a phone while they seek a warrant, but they generally cannot look through it without a warrant or your voluntary consent. Riley does not address deletion; no Hawaii law gives officers authority to make you delete a recording, and destroying evidence can itself break the law.

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 recording, which the law allows, and 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

The right to record police rests on the Constitution. In State v. Russo, 141 Hawai'i 181, 407 P.3d 137 (2017), the Hawaii Supreme Court held that filming police officers performing their duties in public is protected by the First Amendment and by article I, section 4 of the Hawaii Constitution, subject to reasonable time, place, and manner restrictions. 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. In the Ninth Circuit, which covers Hawaii, Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995) recognized a First Amendment right to film police in public, and Askins v. U.S. Department of Homeland Security, 899 F.3d 1035 (9th Cir. 2018) reaffirmed that right applies to federal officers as well.

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. Hawaii does not have a statewide statute setting operational or retention standards for body-worn cameras; individual county police departments, including HPD, set their own body-camera policies.

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) and the UIPA framework under HRS sections 92F-13 and 92F-14. 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.

Hawaii AI Deepfake Laws and Federal Updates

Hawaii's election deepfake law, Act 191 SLH 2024 (S.B. 2687), was permanently enjoined as facially unconstitutional in Babylon Bee LLC v. Lopez, No. 1:25-cv-00234 (D. Haw. Jan. 30, 2026) (Park, J.). The law cannot be enforced. The federal TAKE IT DOWN Act, signed May 19, 2025, has since May 19, 2026 imposed platform notice-and-takedown obligations for non-consensual intimate images, including AI-generated deepfakes. It operates independently of Act 191 and is not affected by the injunction.

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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Frequently Asked Questions

Can I legally record police officers in Hawaii?

Yes. In State v. Russo (2017), the Hawaii Supreme Court held that filming police performing their duties in public is protected by the First Amendment and the Hawaii Constitution, and Act 164 (2016) exempts video or audio recording of officers performing duties in public from Hawaii's privacy and obstruction crimes. You must not physically interfere with police operations while recording.

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

An officer cannot order you to stop recording solely because they do not want to be filmed. However, they can give lawful orders to move back from a dangerous area, secure a crime scene, or maintain public safety. You can continue recording from a safe distance while complying with those orders.

Can police delete my recordings in Hawaii?

No. No Hawaii law lets officers delete your recordings or make you delete them. Separately, under the U.S. Supreme Court ruling in Riley v. California (2014), officers generally need a warrant to search the contents of your phone. Deleting recordings could also constitute destruction of evidence and a violation of your civil rights.

Can I record my own traffic stop in Hawaii?

Yes. You have the right to record your own traffic stop using a phone, dashcam, or other recording device. Keep the device in plain view, keep your hands visible for officer safety, and do not make sudden movements to reach for a recording device without explaining what you are doing.

What should I do if a police officer violates my right to record in Hawaii?

Comply physically but assert your rights verbally. Note the officer's name, badge number, and details of the encounter. Find witnesses. Then file a complaint with the police department's internal affairs division. You may also pursue a federal civil rights lawsuit under 42 U.S.C. 1983 for violations of your constitutional rights.