North Dakota Laws on Recording Police: Your Constitutional Rights (2026)
North Dakota residents can record police officers performing their duties in public. The U.S. Court of Appeals for the Eighth Circuit, which covers North Dakota, has not recognized a clearly established First Amendment right to record police. In Chestnut v. Wallace, 947 F.3d 1085 (8th Cir. 2020), the court held that only passive observation of police in public was clearly established as protected; active recording was not. Molina v. Book, No. 21-1830 (8th Cir. Feb. 2, 2023), and Robbins v. Des Moines, 984 F.3d 673 (8th Cir. 2021), applied the same cautious framing. Other circuits (First, Third, Fifth, Seventh, Ninth, Tenth, Eleventh) have recognized the right more broadly, and those rulings are strongly persuasive in North Dakota courts. Combined with North Dakota's one-party consent law under N.D.C.C. § 12.1-15-02, residents have strong protections for recording law enforcement interactions.
This guide covers your rights to record police, what officers can and cannot do, how to exercise your rights safely, body camera policies, and legal remedies if your rights are violated.
The Constitutional Right to Record Police
Federal Court Recognition
Multiple federal circuit courts have recognized a First Amendment right to record police officers performing duties in public, including the First, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits. The Eighth Circuit, which covers North Dakota, has been more cautious. In Chestnut v. Wallace, 947 F.3d 1085 (8th Cir. Jan. 21, 2020), the court found that only passive observation of police from a public location was clearly established as protected. Active recording and documenting of police activity had not yet been clearly established as of that decision. Molina v. Book, No. 21-1830 (8th Cir. Feb. 2, 2023, cert. denied Feb. 20, 2024), and Robbins v. Des Moines, 984 F.3d 673 (8th Cir. Jan. 5, 2021), followed the same cautious approach. This means that while a constitutional right to record is strongly supported by persuasive authority, officers in North Dakota may not face personal liability under Section 1983 if they interfere with recording, because the right was not clearly established at the time of their conduct.
What You Can Record
You can record police activity in North Dakota including:
- Traffic stops (including your own)
- Arrests in public spaces
- Police interactions with community members
- Protests and crowd control operations
- Police misconduct and use of force
- Conversations you participate in with officers
State Law Protections
North Dakota's one-party consent law provides additional protection. As a participant in a conversation with a police officer, you satisfy the consent requirement for audio recording. For bystander video recording without audio of a private conversation, the wiretap statute does not apply to silent video.
What Officers Can and Cannot Do
Officers CANNOT:
- Order you to stop recording
- Delete your recordings
- Seize your device without a warrant (per Riley v. California, 2014)
- Arrest you solely for recording
- Retaliate against you for filming
Officers CAN:
- Order you to step back to a safe distance
- Restrict access to active crime scenes
- Ask you to move if you block traffic
- Arrest you for separate offenses committed while recording
- Obtain recordings through proper legal process with a warrant
How to Safely Record Police
- Stay on public property at a safe distance
- Do not physically interfere with police operations
- Remain calm and respectful
- Enable cloud backup for your recordings
- State your First Amendment right if challenged
- Note officer names, badge numbers, and patrol car numbers
Body Camera Policies
Several North Dakota law enforcement agencies have adopted body-worn camera programs. Under N.D.C.C. § 44-04-18.7(9), recordings made in a private place are exempt from mandatory public disclosure under the open-records law. Footage from public encounters is generally available through the North Dakota Open Records Law. The public-meeting right under N.D.C.C. § 44-04-19 separately guarantees your right to attend and record open government meetings. The North Dakota Attorney General's office provides guidance on public records requests for body camera footage.
Legal Remedies for Violations
If an officer violates your recording rights, you can:
- File a 42 U.S.C. § 1983 lawsuit for civil rights violations
- File complaints with the officer's department
- Contact the ACLU of North Dakota
- Report to the U.S. Department of Justice Civil Rights Division
More North Dakota 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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Sources and References
- N.D.C.C. § 12.1-15-02(ndlegis.gov).gov
- ND AG Open Records(attorneygeneral.nd.gov).gov
- DOJ Civil Rights(justice.gov).gov