New York Laws on Recording Police: Your Rights and Limits

New York law gives you the right to record police officers on duty in public. N.Y. Civil Rights Law section 79-p, the Right to Record Act, creates a private right of action against any officer who interferes with that recording. The First Amendment provides additional federal protection.

You have both a statutory and a constitutional basis to record police officers performing their duties in New York. The strongest NY-specific protection is N.Y. Civil Rights Law section 79-p, the Right to Record Act, which creates a direct private right of action against any law-enforcement official who interferes with recording. The First Amendment provides parallel protection: in August 2026 the Second Circuit, which covers New York, held that it protects recording law enforcement activity in public. One limit matters: in June 2026 the New York Court of Appeals held that neither section 79-p nor the New York City law gives a right to video record inside the publicly accessible lobby of a police stationhouse.

This guide covers the legal foundation for your right to record police, the practical rules you must follow, New York's body-worn camera program, how to access police body camera footage, and what to do if an officer tries to stop you from recording.

Your Constitutional Right to Record Police

First Amendment Protection

The right to record police officers in the course of their public duties is grounded in the First Amendment to the United States Constitution. Multiple federal circuit courts have ruled that audio and video recording of government officials, including law enforcement, is a form of protected speech and press activity.

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, and the Fourth Circuit has held that livestreaming a police traffic stop is protected speech.

In August 2026 the Second Circuit, which covers New York, Connecticut, and Vermont, joined the other circuits and held that the First Amendment protects recording law enforcement activity in public, including recording a police station's exterior from a public sidewalk (Massimino v. Benoit, No. 25-1104). The officers in that case still received qualified immunity because the right was not clearly established when the 2018 arrest happened. Section 79-p remains the most direct New York remedy because it is a state-law damages claim, so it does not turn on whether a federal right was clearly established. It is not immunity-free: New York courts may apply the state's own immunity for officials who act reasonably and in good faith, and the statute gives officers a defense to most interference claims if they had probable cause to arrest for obstructing governmental administration.

New York State Protections

New York enacted Civil Rights Law section 79-p, the Right to Record Act, signed June 14, 2020 and effective July 14, 2020. This is the cornerstone NY-specific statute:

• Creates a private right of action against any law-enforcement official who interferes with a person's right to record
• Protects anyone who is not under arrest and is not in police custody
• Covers recording law enforcement activity by any means, including audio, video, photos, or written notes, as long as you do not physically interfere or obstruct
• Does not cover video recording in a police stationhouse's publicly accessible lobby: in June 2026 the New York Court of Appeals held that neither section 79-p nor NYC Admin Code section 14-189 gives a right to video record inside a stationhouse's publicly accessible lobby, and the Second Circuit then vacated the injunction against the NYPD's no-recording policy for its facilities on August 6, 2026
• Allows the aggrieved person to sue for damages and injunctive relief without needing to prove a federal constitutional violation

Claims under 42 U.S.C. 1983 for First or Fourth Amendment violations remain available alongside the state remedy.

Rules for Recording Police in New York

What You Can Do

When recording police in New York, you can:

• Film police officers making arrests, conducting traffic stops, or engaging in other public duties
• Record from any public space (sidewalks, streets, parks, plazas)
• Record from any private property where you have a right to be (your home, a business that permits you to be there)
• Use any device (smartphone, camera, body camera, dashcam)
• Livestream police encounters in real time
• Record both audio and video of police activity
• Record your own interactions with officers during traffic stops, questioning, or other encounters

What You Cannot Do

Recording rights have important boundaries:

• Do not physically interfere with police operations. Stay a reasonable distance away and do not insert yourself into the situation.
• Do not obstruct officers in the performance of their duties. Blocking an officer's path, reaching into a patrol car, or entering an active crime scene are all prohibited.
• Do not video record inside a police station in violation of a posted no-recording policy. Recording a station's exterior from a public sidewalk is protected, but the Right to Record Act does not reach a stationhouse lobby.
• Do not trespass to get a better angle. Your right to record does not override property rights or allow you to enter restricted areas.
• Follow lawful orders to move back. Officers can direct you to step back a reasonable distance for safety reasons. Refusing a lawful order to move can result in arrest for obstruction or disorderly conduct.
• Do not tamper with a crime scene or disturb evidence while recording.

The "Reasonable Distance" Standard

There is no specific number of feet that defines a "reasonable distance" for recording police. Courts evaluate the circumstances case by case. Factors that affect what is reasonable include:

• Whether the officer is dealing with a potentially dangerous situation
• Whether your presence creates a safety risk for officers, bystanders, or yourself
• Whether you are impeding the flow of traffic or blocking access
• Whether the officer has given you a specific instruction to move to a particular location

A general guideline is to stay far enough away that you are not interfering with the police action, but close enough that your recording device can capture meaningful footage.

What to Do If Police Tell You to Stop Recording

Know Your Rights

If a police officer tells you to stop recording:

1. Stay calm and respectful. Assert your rights without escalating the situation.
2. Clearly state that you are exercising your rights under N.Y. Civil Rights Law section 79-p and the First Amendment to record police activity in a public place.
3. Do not physically resist if an officer attempts to seize your device, but verbally state that you do not consent to the seizure.
4. Remember the officer's badge number, name, and patrol car number if possible.
5. File a complaint with the Civilian Complaint Review Board (CCRB) in New York City, or the relevant oversight body in other jurisdictions, if you believe your rights were violated.

Police Need a Warrant to Search Your Phone

The United States Supreme Court ruled in Riley v. California, 573 U.S. 373 (2014) that police generally cannot search a cell phone without a warrant. This protection extends to the contents of your phone, including photos and videos. Riley does not stop officers from seizing a phone: they may hold it while they seek a warrant.

An officer who seizes your phone or camera to delete footage may be violating your Fourth Amendment rights. Under Civil Rights Law section 79-p, you can also sue an officer who unlawfully seizes your recording device, or destroys or copies your recording without your consent or a court's approval, because you were recording police. Do not physically resist; say that you do not consent and challenge the seizure afterward.

Police Cannot Order You to Delete Footage

Ordering a citizen to delete recorded footage is not a lawful police action. If an officer instructs you to delete video or photos:

• Verbally decline and state that you do not consent
• Do not physically resist
• Document the demand and report it afterward
• The footage may be recoverable through forensic methods even if deleted

Civil Remedies If Your Rights Are Violated

If police illegally prevent you from recording, seize your device, or delete your footage, you may have legal recourse:

• A Section 1983 lawsuit against the officer and potentially the department for violating your constitutional rights
• A claim for unlawful seizure under the Fourth Amendment
• A complaint with the Civilian Complaint Review Board (in NYC) or other oversight bodies
• Filing a complaint with the New York Attorney General's Office for pattern-of-practice violations

Recording During Traffic Stops

As the Driver or Passenger

You can record your own traffic stop in New York. Keep these guidelines in mind:

• You do not need to ask permission to record
• Keep your hands visible and inform the officer before reaching for your phone
• Mount your phone on the dashboard or hold it in plain view rather than making movements that could be misinterpreted
• Audio recording of the stop is legal under one-party consent since you are a participant
• Do not hold your phone in a way that looks like you could be concealing a weapon

As a Bystander

If you witness a traffic stop from outside the vehicle, you can record from a public sidewalk or other public space. Maintain a reasonable distance and do not approach the vehicle or interfere with the officer.

New York Body-Worn Camera Program

Executive Law Section 234

Executive Law Section 234 established the New York State Police Body-Worn Cameras Program. Key provisions include:

• All state police officers must wear body-worn cameras while on patrol
• Cameras must record interactions immediately before an officer exits a patrol vehicle
• Cameras must record all uses of force, all arrests and summonses, and all interactions with people suspected of criminal activity
• Officers may, at their discretion, decline to record certain sensitive encounters (speaking with confidential informants, conducting strip searches, or when a member of the public requests the camera be turned off)
• Even when a public member requests the camera be turned off, the officer may continue recording if they believe a record should be generated

NYPD Body Camera Policy

The New York City Police Department operates its own body-worn camera program, separate from the state police program. NYPD officers are required to activate their cameras during law enforcement encounters, including arrests, uses of force, searches, and vehicle stops. The NYPD program was developed in response to federal court orders and covers one of the largest police forces in the country.

Pending Legislation on Body Camera Footage

Several bills introduced in the 2025-2026 legislative session address body camera footage. None has become law: according to the New York State Assembly bill status records, each was referred to committee in 2025 and re-referred to the same committee on January 7, 2026, with no further action recorded as of September 2026 (S5289 status, S3926 status, A7202 status).

• S5289 would require police agencies to release body camera recordings of instances where a police officer fires a gun and hits someone, uses a stun gun, or uses force that causes harm
• S3926 relates to the discoverability of recordings from police body-worn cameras and vehicle cameras in civil and criminal cases
• A7202 would require officers executing a search warrant to wear an active, unobstructed body camera before and throughout the search

Accessing Police Body Camera Footage

Freedom of Information Law (FOIL)

New York's Freedom of Information Law (FOIL) gives the public the right to access government records, including body camera footage, subject to certain exemptions. To request body camera footage:

1. Submit a written FOIL request to the relevant police agency's records access officer
2. Identify the incident as specifically as possible (date, time, location, officers involved)
3. The agency has five business days to acknowledge your request
4. The agency must provide a response within a reasonable time (typically 20 business days, though extensions are common)

Challenges in Accessing Footage

Obtaining body camera footage in New York can be difficult. Agencies may deny requests based on several FOIL exemptions:

• Law enforcement investigation exemption: Footage related to ongoing investigations may be withheld
• Privacy concerns: Footage that reveals the identity of victims, witnesses, or confidential informants may be redacted or withheld
• Interagency materials: Internal communications about the footage may be exempt

If your FOIL request is denied, you can appeal to the head of the agency and, if necessary, file a challenge in court under Article 78 of the Civil Practice Law and Rules.

Recording Police in New York City

Civilian Complaint Review Board

The Civilian Complaint Review Board (CCRB) is an independent agency in New York City that investigates complaints about NYPD officers. If you believe your right to record was violated, you can file a complaint with the CCRB. The CCRB has jurisdiction over complaints alleging force, abuse of authority, discourtesy, and offensive language by NYPD officers.

Right to Know Act

New York City's Right to Know Act requires NYPD officers to identify themselves during certain encounters and to inform people of their right to refuse a search when the search is not legally required. While not directly related to recording, this legislation reflects the city's approach to transparency and accountability in policing.

Using Recordings of Police as Evidence

Admissibility in Court

Recordings of police activity are generally admissible as evidence in New York courts if they are:

• Authenticated as genuine and unaltered
• Relevant to the matter at issue
• Not overly prejudicial compared to their probative value

Both your own recordings and police body camera footage can be used as evidence in criminal defense, civil rights lawsuits, and civil proceedings.

Recordings in Civil Rights Lawsuits

Video and audio recordings of police misconduct can be powerful evidence in Section 1983 lawsuits. Courts have recognized that citizen recordings provide critical documentation of law enforcement encounters and serve a vital role in police accountability.

More New York 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 record police officers in New York?

Yes. N.Y. Civil Rights Law section 79-p, the Right to Record Act (eff. 2020), creates a state private right of action against any law-enforcement official who interferes with your right to record. The First Amendment also provides protection. You can film arrests, traffic stops, and other law enforcement activity from any public location where you have a right to be. You do not need permission from the officer to record. The exception is a police stationhouse's public lobby: in June 2026 the New York Court of Appeals held that the Right to Record Act does not give a right to video record in a stationhouse's public lobby.

Can a police officer in New York tell me to stop recording?

An officer cannot lawfully order you to stop recording simply because they do not want to be filmed. N.Y. Civil Rights Law section 79-p gives you a private right of action if a law-enforcement official interferes with your recording. Officers can give lawful orders related to safety, such as directing you to move back from an active scene, but an order to stop recording alone is not a lawful directive.

Can police seize my phone or delete my footage in New York?

Police generally need a warrant to search the contents of your phone under Riley v. California (2014), although they may hold the phone while they get one. Ordering you to delete footage is not a lawful police action, and Civil Rights Law section 79-p lets you sue an officer who unlawfully seizes your device or destroys your recording because you were recording police. If an officer seizes your device or deletes your footage, you may have a civil rights claim under 42 U.S.C. 1983.

Can I record my own traffic stop in New York?

Yes. You can record your own traffic stop using a phone, dashcam, or any recording device. Keep your hands visible and avoid sudden movements that could be misinterpreted. You do not need to ask the officer for permission. Audio recording is legal under New York one-party consent since you are a participant in the interaction.

How do I get police body camera footage in New York?

Submit a written Freedom of Information Law (FOIL) request to the relevant police agency. Provide as much detail about the incident as possible (date, time, location, officers involved). The agency has five business days to acknowledge your request and must respond within a reasonable time. If your request is denied, you can appeal or challenge the denial in court.