New Mexico Laws on Recording Police: Your First Amendment Rights (2026)

New Mexico residents have a First Amendment right to record on-duty police officers in public spaces, as recognized by the Tenth Circuit Court of Appeals. In-person police encounters fall outside the wiretapping statute at N.M. Stat. Ann. § 30-12-1, so no officer consent is required to film or photograph law enforcement.

New Mexico residents have a clearly established right to record police officers performing their duties in public. The Tenth Circuit Court of Appeals, which has jurisdiction over New Mexico, formally recognized this First Amendment right in Irizarry v. Yehia (2022). This right exists alongside New Mexico's permissive recording laws, where the wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications and does not apply to in-person encounters.

This guide explains your rights to record law enforcement in New Mexico, what officers can and cannot do in response, how to safely exercise your recording rights, and what happens if an officer violates those rights.

The Constitutional Right to Record Police

Tenth Circuit Recognition

The Tenth Circuit Court of Appeals, which covers New Mexico along with Colorado, Kansas, Oklahoma, Utah, and Wyoming, held in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. Jul. 11, 2022) that "there is a First Amendment right to film the police performing their duties in public," and that this right was clearly established as of May 26, 2019. This ruling established the right as clearly defined law within the Tenth Circuit, meaning New Mexico law enforcement officers are on notice that interfering with lawful recording violates constitutional rights.

Before this ruling, several other federal circuit courts had already recognized the right to record police, including the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits. Before this ruling, Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021) had declined to recognize the right as clearly established; Irizarry resolved that question definitively. The Tenth Circuit's decision aligned New Mexico with the majority position across the country.

What This Right Covers

Your First Amendment right to record police in New Mexico includes:

• Filming traffic stops, including your own traffic stop
• Recording arrests happening in public spaces
• Documenting police interactions with community members
• Livestreaming encounters with law enforcement on social media
• Photographing officers, police vehicles, and police stations from public property
• Recording police misconduct, use of force, and questionable tactics

What This Right Does NOT Cover

The right to record police has boundaries:

• It does not give you the right to physically interfere with police operations
• It does not allow you to trespass on private property or enter restricted areas to get a better angle
• It does not override lawful orders to step back to a safe distance from an active scene
• It does not permit you to cross police tape or enter an active crime scene
• It does not protect recording in areas with legitimate security restrictions (e.g., inside jails or courtrooms with no-recording rules)

New Mexico's Recording Laws and Police Encounters

Why the Wiretap Statute Does Not Apply

New Mexico's wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only "telegraph or telephone" communications. Face-to-face interactions with police officers are not telephone or wire communications, so the wiretap statute does not restrict your ability to record in-person police encounters.

This means:

• You do not need any officer's consent to record an in-person encounter
• You do not need to announce that you are recording
• The recording is legal regardless of whether you are a party to the interaction or a bystander

Recording Phone Calls with Police

If you are on a phone call with a police officer (for example, calling a non-emergency line or speaking with a detective by phone), the one-party consent rule under § 30-12-1 applies. You can record the call as a participant without informing the officer.

What Officers Can and Cannot Do

Officers CANNOT:

• Order you to stop recording. An officer cannot tell you to put your phone away or stop filming unless you are physically interfering with police operations.
• Seize your recording device without a warrant. The Fourth Amendment protects your phone and camera from warrantless seizure. The U.S. Supreme Court held in Riley v. California (2014) that police generally need a warrant to search a cell phone.
• Delete your recordings. Destroying evidence on your device is a violation of your constitutional rights and may constitute destruction of evidence.
• Arrest you solely for recording. An arrest based solely on the act of recording in public would violate the First and Fourth Amendments.
• Retaliate against you for recording. Filing false charges, issuing bogus citations, or taking other retaliatory action against someone who records police is unconstitutional.

Officers CAN:

• Order you to step back to a reasonable distance from an active scene for officer safety
• Restrict access to areas that are active crime scenes or present genuine safety hazards
• Ask you to move if you are blocking traffic or pedestrian access
• Arrest you if you are committing a separate offense (trespassing, obstruction, disorderly conduct) while recording
• Obtain your recording with a warrant through proper legal process

How to Safely Record Police in New Mexico

Best Practices

1. Stay on public property. Record from public sidewalks, parks, and streets where you have a right to be.
2. Keep a safe distance. Stay far enough away that officers cannot claim you are interfering with their duties.
3. Do not physically intervene. Your right is to observe and record, not to physically insert yourself into a police action.
4. Remain calm and respectful. Avoid yelling, making sudden movements, or engaging in behavior that could be perceived as threatening.
5. Identify yourself as a recorder. While not legally required, stating "I am recording" can help establish your intent.
6. Use cloud backup. Enable automatic upload to cloud storage so your footage is preserved even if your device is seized.
7. Know the ACLU contact information. The ACLU of New Mexico provides legal support for recording rights cases.

What to Do If an Officer Tells You to Stop Recording

1. Calmly state that you have a right to record. You can say: "I am exercising my First Amendment right to record. I am not interfering with your duties."
2. Do not physically resist if an officer attempts to take your device. Comply physically while verbally asserting your rights.
3. Note the officer's name, badge number, and patrol car number.
4. Document the encounter as soon as possible after it ends.
5. File a complaint with the officer's department and contact the ACLU of New Mexico or a civil rights attorney.

What to Do If Your Device Is Seized

1. Do not physically resist the seizure.
2. State clearly that you do not consent to the seizure or search of your device.
3. Note the time, location, and officers involved.
4. Contact an attorney immediately.
5. File a complaint with the law enforcement agency.
6. Request the return of your property in writing.

Body Cameras and Police Recording

New Mexico's Body Camera Landscape

New Mexico mandates body-worn cameras for all peace officers under N.M. Stat. Ann. § 29-1-18 (enacted as SB 8 of the 2020 First Special Session), with a minimum 120-day footage retention requirement. Body camera footage is subject to the New Mexico Inspection of Public Records Act (IPRA), though certain exemptions may apply to footage involving ongoing investigations, undercover officers, or victims.

Requesting Body Camera Footage

You can request body camera footage through an IPRA request to the relevant law enforcement agency. The New Mexico Attorney General's office provides guidance on public records requests. Key points:

• Requests should identify the specific incident, date, and officers involved
• Agencies have 15 days to respond to IPRA requests
• Agencies may redact portions of footage to protect ongoing investigations or victim privacy
• Denied requests can be appealed

Legal Remedies for Violations

Section 1983 Lawsuits

If a New Mexico law enforcement officer violates your right to record, you may file a lawsuit under 42 U.S.C. § 1983, which allows individuals to sue government officials who violate constitutional rights while acting under color of law. Potential remedies include:

• Compensatory damages for any harm suffered
• Nominal damages even without provable monetary harm
• Punitive damages for particularly egregious conduct
• Attorney fees under 42 U.S.C. § 1988
• Injunctive relief ordering the department to change its policies

Qualified Immunity Considerations

Officers may raise qualified immunity as a defense, arguing that the right was not "clearly established" at the time of the violation. However, since the Tenth Circuit's Irizarry v. Yehia decision in 2022, the right to record police in public is clearly established in New Mexico. This makes qualified immunity defenses significantly harder for officers to sustain in recording rights cases.

Filing Complaints

Before or in addition to a lawsuit, you can file complaints with:

• The officer's department internal affairs division
• The ACLU of New Mexico
• The U.S. Department of Justice Civil Rights Division
• The New Mexico Law Offices of the Public Defender if criminal charges were filed against you

Recording at Protests and Public Events

Your Rights at Protests

The First Amendment protects both the right to protest and the right to record protests. In New Mexico, you can:

• Film protests from any public location
• Record police interactions with protesters
• Livestream events in real time
• Document crowd control tactics and use of force

Journalist and Media Rights

Journalists and media professionals have the same recording rights as any member of the public. New Mexico does not require press credentials to exercise First Amendment recording rights. However, media professionals should carry identification and clearly identify themselves as press if asked.

More New Mexico Recording Laws

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

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