Answer FileCivil Rights

Is it legal to record the police in California?

The answer, cited

Yes. Penal Code section 148(g) states that photographing or making an audio or video recording of an officer in a public place, or anywhere you have a right to be, is not by itself resisting or obstructing an officer. The recording must not physically interfere with the officer's duties.

California codified the right in 2015: Penal Code section 148(g) provides that photographing or recording a peace officer in a public place, or a place where the person has a right to be, does not by itself constitute resisting, delaying, or obstructing under section 148(a), and is not grounds for detention or arrest. The First Amendment protection for recording officials performing public duties is also recognized in the Ninth Circuit, which includes California. Practical boundaries: keep enough distance that you do not physically interfere, and comply with lawful orders unrelated to the recording. California's two-party consent statute (Penal Code section 632) targets confidential communications, and an on-duty officer's public-facing conduct generally carries no reasonable expectation of confidentiality. Officers may not seize a phone or delete footage without a warrant; back the file up immediately and preserve the original. Recordings are frequently the decisive evidence in excessive force and false arrest cases.

Authority: Cal. Penal Code § 148(g)

Source: Cal. Penal Code § 148(g) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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