In public, almost always yes. Courts have recognized a First Amendment right to record police doing their jobs in public. The limits are practical: you can't interfere, and you have no right to record inside private or restricted spaces.
What the right covers — and doesn't
Federal appeals courts across the country have held that you can film officers performing their duties in a public place. On-duty police carrying out public work don't have a reasonable expectation of privacy in what they're doing.
That right isn't unlimited. It protects open recording in public. It doesn't let you obstruct an officer, cross a police line, or record where the public isn't allowed. And "recording" that captures audio still lives alongside your state's consent rule — which is why the state answer above matters.
What to watch out for
Keep a reasonable distance and don't obstruct. You can be lawfully arrested for interference or obstruction even when the recording itself was legal — and that arrest is a separate problem from the footage.
The protection is strongest when you're recording openly from a place you're allowed to be. Secret audio, or recording inside a private space, is where it gets legally murky fast.
What a licensed investigator can legally do
A licensed private investigator documents interactions the same lawful way anyone can — openly, in public, without interfering — and knows how to preserve footage so it holds up as evidence rather than getting lost or challenged.
Get this handled the right way
Know what's legal where you are, then connect with a licensed investigator who can document an incident so it counts.
Start a caseGeneral legal information only, not legal advice. No attorney–client or investigator relationship is created by reading this.
This guide is general legal information, not legal advice, and laws change. Recording law enforcement intersects with state consent rules, obstruction statutes, and evolving case law. Confirm the current law for your state at the official code and consult a licensed attorney about your situation.