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Louisiana Laws on Recording Police: Your Rights and the Buffer Zone Law

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202611 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 7 primary sources cited on this page. How we verify our legal content

Louisiana Laws on Recording Police: Your Rights and the Buffer Zone Law

Louisiana residents have a First Amendment right to record police officers performing their duties in public. Louisiana's one-party consent law (La. R.S. 15:1303) permits audio recording of any conversation you participate in with officers. A 2024 buffer zone law (La. R.S. 14:109) was found unconstitutionally vague by a federal court in January 2025, but that injunction binds only the three state and parish officials who were sued, and the state's appeal to the Fifth Circuit, argued June 1, 2026, was undecided as of September 30, 2026.

Recording police officers in Louisiana is a constitutionally protected activity. The First Amendment to the U.S. Constitution, as interpreted by federal courts including the Fifth Circuit Court of Appeals that covers Louisiana, protects your right to film, photograph, and audio record law enforcement officers performing their duties in public spaces.

This guide covers the full scope of your rights when recording police in Louisiana, the current status of the controversial 2024 buffer zone law, practical guidelines for safe recording, and what to do if an officer attempts to stop you from filming.

Your Constitutional Right to Record Police

First Amendment Foundation

The right to record police officers performing their duties in public is rooted in the First Amendment to the U.S. Constitution. While the First Amendment does not explicitly mention recording, most federal appeals courts that have decided the question have held that the right to gather information about government officials, including through audio and video recording, is a protected form of expression and press activity.

In Louisiana you may record police performing their duties in public, and your own stop with audio; you must not interfere, and complying with an order to move back is lower risk.
Filming police in public is protected in Louisiana. If an officer orders you back, the lower-risk choice is to comply and keep recording from there.

The U.S. Department of Justice has affirmed this position in guidance documents, stating that recording police activity in public is a form of protected speech. The DOJ has intervened in multiple cases to assert that individuals have a First Amendment right to record officers in the public discharge of their duties.

Fifth Circuit Court Recognition

The U.S. Court of Appeals for the Fifth Circuit, which has jurisdiction over Louisiana, Texas, and Mississippi, has explicitly recognized the right to record police. In Turner v. Driver, 848 F.3d 678 (5th Cir. 2017), the Fifth Circuit held that the First Amendment protects the right to record police officers performing their duties in public, subject to reasonable time, place, and manner restrictions. The court found this right was not yet clearly established as of Turner's own 2015 arrest, so the officers involved in that specific case received qualified immunity, but the panel declared the right clearly established going forward for future cases. The Fifth Circuit joined the weight of federal appellate authority recognizing a First Amendment right to record law enforcement officers performing their official duties in public.

Eight federal appeals courts (the First, Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits) have held that the First Amendment protects recording police officers doing their jobs in public, subject to reasonable time, place, and manner limits; the Second Circuit joined them in August 2026 in Massimino v. Benoit. The Fourth Circuit has held that livestreaming a police traffic stop is protected speech. The Supreme Court has not ruled on the question, and the Sixth, Eighth, and D.C. Circuits have not recognized the right. No federal circuit court has held that citizens lack this right.

empty courtroom witness stand with a wooden chair and a microphone on a boom stand in sunlit courtroom

Audio Recording of Police

Louisiana's one-party consent statute La. R.S. 15:1303 provides additional legal protection for recording police. As a one-party consent state, you can audio record any conversation you are participating in, including conversations with police officers during a traffic stop, arrest, or other interaction.

Even when you are not directly conversing with officers, the First Amendment independently protects your right to video record police in public. The one-party consent rule becomes particularly relevant when:

  • You are the subject of a police encounter (traffic stop, questioning, arrest)
  • An officer is speaking directly to you
  • You are a bystander who engages verbally with officers at the scene

Video Recording of Police

Video recording of police in public does not require any consent under Louisiana law. There is no general prohibition on filming in public spaces, and police officers performing duties in public have no reasonable expectation of privacy regarding their official actions.

You can video record:

  • Traffic stops (your own or others')
  • Arrests and detentions
  • Police searches
  • Officers directing traffic or managing crowds
  • Police responses to incidents in public
  • Interactions between officers and other members of the public

The 2024 Police Buffer Zone Law

Person in a grey hooded jacket seen from behind holding a phone up toward a wet city street with pedestrians

What the Law Said

In 2024, the Louisiana Legislature enacted La. R.S. 14:109 (2024 La. Act 259 / HB 173), making it an offense to knowingly or intentionally approach within 25 feet of a peace officer who is lawfully engaged in the execution of official duties after the officer has ordered the person to stop approaching or to retreat. The law took effect on August 1, 2024. The law carried penalties of up to $500 in fines and 60 days in jail.

The legislation was promoted as a safety measure to protect officers during volatile encounters. Critics argued it was designed to prevent bystander recording of police activities and would create a chilling effect on First Amendment rights.

Federal Court Blocks the Law (January 2025)

In January 2025, in Deep South Today, d/b/a Verite News, et al. v. Murrill, No. 3:24-cv-00623 (M.D. La. Jan. 31, 2025), U.S. District Judge John W. deGravelles blocked enforcement of the buffer zone law. The plaintiffs included Deep South Today (Verite News), TEGNA Inc., Scripps Media Inc., Nexstar Media Inc., Gray Local Media, Inc., and Gannett Co. The court issued a preliminary injunction on one ground, vagueness:

  • Fourteenth Amendment (Due Process). The court found the statute "unconstitutionally vague" because it lacked clear standards for when an officer could issue a retreat order. The law allowed officers to order anyone to move back at any time during the execution of their duties, without defining what circumstances justified such an order. This vagueness "allows for arbitrary and discriminatory enforcement."
  • First Amendment. The court did not decide the First Amendment claims. Because the plaintiffs were likely to succeed on vagueness, it said it "need not reach the issue" of whether they would succeed in proving First Amendment violations, and it granted the state's motion to dismiss the facial overbreadth and unbridled discretion challenges while giving the plaintiffs time to amend.

Current Status (2025-2026)

Louisiana appealed the ruling to the Fifth Circuit Court of Appeals (No. 25-30128), and the news organizations filed a cross-appeal. The Fifth Circuit heard oral argument on June 1, 2026, and we had not found a decision as of September 30, 2026. The preliminary injunction binds only the defendants who were sued, Attorney General Liz Murrill, State Police Superintendent Robert Hodges, and East Baton Rouge Parish District Attorney Hillar Moore III, and their agents. It does not by its terms bind other district attorneys or local police departments, although the court noted that the Attorney General handles certain New Orleans prosecutions under an agreement with the Orleans Parish District Attorney.

Until the Fifth Circuit rules, whether an officer can use the buffer law against you may depend on which agency and prosecutor are involved. The law restricts approaching, not recording, so if an officer orders you to stop approaching or to move back, the lower-risk choice is to comply and keep recording from where you are.

Practical Guidelines for Recording Police

Two people at a cafe table with a smartphone lying face-down between their coffee mugs

What You CAN Do

  • Record from any public sidewalk, street, or other public area. You do not need to be a minimum distance away unless an officer orders you to stop approaching or to retreat (see the buffer law section above), and you must not physically interfere with police operations.
  • Record openly or discreetly. You have no obligation to announce that you are recording.
  • Livestream your recording. Live broadcasting to social media platforms provides an additional layer of protection because the footage cannot be deleted by seizing your device.
  • Continue recording even if ordered to stop (unless you are physically interfering with police operations). An officer cannot lawfully order you to stop recording simply because they do not want to be filmed.
  • Decline consent to a search of your device. Under Riley v. California (2014), police generally need a warrant to search the contents of your phone, even incident to arrest, although they may hold the phone while they get one. You do not have to unlock it or agree to a search, but do not physically resist if an officer takes it.

What You CANNOT Do

  • Physically interfere with police operations. Getting in an officer's way, blocking their path, or otherwise obstructing their ability to perform their duties is illegal.
  • Trespass to get a better angle. Your recording right does not override property rights. Entering private property without permission to record police is trespassing.
  • Incite others to interfere. Encouraging bystanders to obstruct police while you record could result in charges.
  • Resist arrest. If an officer unlawfully arrests you for recording, comply with the arrest and challenge it later through legal channels. Resisting arrest creates additional criminal exposure.

During a Traffic Stop

If you are stopped by police while driving in Louisiana:

  • You have the right to record the entire encounter, including audio.
  • Place your phone in a dashboard mount or holder where it can capture video without requiring you to hold it.
  • Keep your hands visible and inform the officer if you need to reach for anything.
  • Do not make sudden movements toward your phone, as this could be misinterpreted.
  • Passengers also have the right to record the traffic stop.

As a Bystander

If you witness a police encounter and want to record:

  • Maintain a reasonable distance that does not interfere with police activity.
  • Stand on a public sidewalk or other public area.
  • Do not cross police tape or barricades.
  • If an officer asks you to move, ask calmly whether you are being ordered to move and why. Comply if given a lawful order, but note the interaction for potential legal challenge.
  • Consider livestreaming so the footage is preserved even if your device is seized.

If Police Try to Stop You From Recording

Know Your Rights

If a police officer tells you to stop recording in Louisiana:

  1. Stay calm and polite. De-escalation protects your safety.
  2. State clearly: "I am exercising my First Amendment right to record."
  3. Do not physically resist if the officer attempts to take your phone.
  4. Remember the officer's badge number, name, and patrol car number.
  5. File a complaint with the officer's department afterward.
  6. Contact an attorney if your device was seized, recordings were deleted, or you were arrested for recording.

Illegal Seizure or Deletion of Recordings

If a police officer searches your phone without a warrant, deletes your recordings, or seizes your device without a lawful basis:

  • A warrantless search of the phone's contents, or a seizure without probable cause or another lawful basis, can violate the Fourth Amendment
  • Deleting your recordings or seizing the device to stop you from recording can violate the First Amendment
  • You may have a civil rights claim under 42 U.S.C. 1983 against the officer and potentially the department
  • You may be entitled to damages, including compensatory damages for the value of the lost recordings and potential punitive damages

Recording Government Meetings and Officials

Open Meetings Law

Louisiana's Open Meetings Law (La. R.S. 42:11-28) guarantees the public's right to attend and record government meetings. The law explicitly states that all proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live.

This applies to:

  • City council and parish council meetings
  • School board meetings
  • Public hearings by any government body
  • Law enforcement oversight and civilian review board meetings

Certain public bodies in parishes and municipalities with populations exceeding specific thresholds are even required to broadcast their meetings live.

Recording Other Government Officials

Beyond police officers, you can record interactions with any government official you are speaking with under Louisiana's one-party consent law. This includes:

  • DCFS (Department of Children and Family Services) workers
  • Building inspectors and code enforcement officers
  • Probation and parole officers (during your meetings with them)
  • DMV and government office employees
  • Public school administrators

Body Camera and Dashcam Footage

Accessing Police Body Camera Footage

Louisiana addresses public access to law enforcement body camera footage under La. R.S. 44:3(A)(8). Body-worn camera recordings are generally public records that anyone may request, unless the custodian determines a specific recording would violate an individual's reasonable expectation of privacy, in which case disclosure requires a court order under R.S. 44:35. The statute does not give family members, attorneys, or people shown in the footage a separate right of access; they request it like any other member of the public, and may ask a court to order release.

The process for requesting body camera footage typically involves a formal written request to the law enforcement agency. If access is denied, a court order may be sought.

Police Dashcam Recordings

Police vehicle dashcam recordings are generally subject to the same public records framework as body camera footage. Louisiana's Public Records Law (La. R.S. 44:1-41) provides a framework for requesting government records, though specific exemptions may apply to recordings that are part of ongoing criminal investigations.

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Frequently Asked Questions

Can I record police officers in Louisiana?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. Louisiana's one-party consent law also permits you to audio record any conversation you participate in with police officers.

Is the Louisiana 25-foot police buffer zone law in effect?

Partly. In January 2025, U.S. District Judge John deGravelles found La. R.S. 14:109 unconstitutionally vague and barred the Attorney General, the State Police superintendent, and the East Baton Rouge Parish District Attorney from enforcing it. The court did not decide the First Amendment claims, and its order does not bind other prosecutors or local police. Louisiana's appeal to the Fifth Circuit was argued on June 1, 2026, and had not been decided as of September 30, 2026.

Can police take my phone for recording them in Louisiana?

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. Do not physically resist; say clearly that you do not consent to a search. A warrantless search, a seizure without a lawful basis, or deleting your recordings can support a civil rights claim under 42 U.S.C. 1983.

Can I be arrested for recording police in Louisiana?

You should not be arrested solely for recording police in public. However, officers may attempt to use obstruction or interference charges. If you are arrested for recording, comply with the arrest and challenge it later through legal channels. Do not physically resist.

How do I get police body camera footage in Louisiana?

Body-worn camera footage in Louisiana is generally a public record under La. R.S. 44:3(A)(8), unless the custodian determines a specific recording violates someone's reasonable expectation of privacy, in which case it can only be disclosed by court order under R.S. 44:35. Anyone may request it through a written public records request to the law enforcement agency.

Updates

We corrected the statement that police cannot take your phone without a warrant (Riley requires a warrant to search it, not to hold it), updated the list of federal appeals courts that recognize a right to record police to include the Second Circuit's August 2026 ruling, removed unsupported claims about special access rights to body-camera footage and about legislative hearings under the Open Meetings Law, and fixed two statute links.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the Louisiana buffer-law section: fixed the case number (No. 3:24-cv-00623), described the offense as approaching within 25 feet, clarified that the January 2025 injunction rests on vagueness only and binds only the three officials who were sued, and added the Fifth Circuit appeal argued June 1, 2026.

Corrected the Turner v. Driver case summary, which had the qualified-immunity holding backwards, and fixed the 2024 police buffer-zone law's statute citation (La. R.S. 14:109, not 14:108.4) along with two broken citation links.

Independently fact-checked against the cited primary sources

Corrected the body-worn camera public-records citation from La. R.S. 44:3(A)(4)(b) (the arrest-report provision) to the actual body-camera provision at 44:3(A)(8), and clarified that recordings are generally public unless a privacy-violation determination requires a court order.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. First Amendment(constitution.congress.gov).gov
  2. La. R.S. 15:1303(legis.la.gov).gov
  3. La. R.S. 42:23 - Audio and video recordings; live broadcast (Open Meetings Law)(legis.la.gov).gov
  4. La. R.S. 44:3 - Body Camera Provisions(legis.la.gov).gov
  5. 42 U.S.C. 1983(law.cornell.edu)
  6. La. R.S. 44:1 - Public Records Law, general definitions(legis.la.gov).gov
  7. RCFP Buffer Zone Ruling(rcfp.org)
  8. DOJ Statement on Recording Police(justice.gov).gov
  9. Turner v. Driver, 848 F.3d 678 (5th Cir. 2017)(casetext.com)
  10. La. R.S. 14:109 - Police Buffer Zone (2024 La. Act 259 / HB 173)(legis.la.gov).gov
  11. Deep South Today v. Murrill, No. 3:24-cv-00623 (M.D. La. Jan. 31, 2025), Ruling and Order (Doc. 43)(archive.org)
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