Yes, you can record police in Arizona. The First Amendment protects your right to film officers performing their duties in public, and the 2022 state law that tried to make it a crime to record within eight feet of police activity has been permanently blocked by a federal court.1Electronic Frontier Foundation. Federal Judge Upholds Arizonans’ Right to Record the Police What follows is what the law actually allows, where the limits sit, and what to do if an officer tries to stop you.
The Eight-Foot Law Cannot Be Enforced
In 2022, then-Governor Doug Ducey signed HB 2319, codified at ARS 13-3732. It made recording law enforcement activity from within eight feet a class 3 misdemeanor after a verbal warning.2Arizona Legislature. Arizona Code 13-3732 – Unlawful Video Recording of Law Enforcement Activity
A coalition of news organizations and the ACLU of Arizona sued in federal court. On July 21, 2023, in Arizona Broadcasters Association v. Mayes, the U.S. District Court for the District of Arizona entered a stipulated permanent injunction after the Arizona Attorney General conceded the statute was unconstitutional. The court found “a clearly established right to record law enforcement officers engaged in the exercise of their official duties in public places” and held that the statute “does not survive strict scrutiny because it is not narrowly tailored or necessary to prevent interference with police officers given other Arizona laws in effect.”1Electronic Frontier Foundation. Federal Judge Upholds Arizonans’ Right to Record the Police
The statute still sits in the Arizona Revised Statutes because the legislature has not formally repealed it, but the injunction bars any government official from enforcing it. If an officer cites this law to tell you to stop filming, the order has no legal force behind it.
Where and How Far Your Right Extends
The right to record police in public rests on the First Amendment, not on any single Arizona statute. Eight federal circuits, including the Ninth Circuit that covers Arizona, have recognized filming officers performing their public duties as constitutionally protected.3The Reporters Committee for Freedom of the Press. The Right to Record Keeps Inching Its Way Through the Courts
The protection is strongest on public property like streets, sidewalks, and parks, where no one has a reasonable expectation of privacy.4Freedom Forum. Recording Law Enforcement: First Amendment Right or Arrestable Offense? It is not absolute. Courts allow reasonable time, place, and manner restrictions, and officers can lawfully direct you to move if your recording physically interferes with police work, risks tampering with evidence, or intimidates witnesses.5Colorado Municipal League. Does the First Amendment Protect Filming Law Enforcement?
In practical terms: you can stand on a public sidewalk and film an arrest, a traffic stop, or any other police activity. You do not need to announce that you are recording. If you block an officer’s path, step into a crime scene, or create a genuine safety hazard, an officer can tell you to back up. Filming from a reasonable distance is protected.
Audio Recording Follows a Different Rule
Arizona is a one-party consent state for audio under ARS 13-3005. You can lawfully record a conversation as long as at least one participant consents. When you are recording your own encounter with an officer, you are that participant, and your consent is enough.6Arizona Legislature. Arizona Code 13-3005 – Interception of Wire, Electronic and Oral Communications
The rule tightens when you are a bystander recording a conversation you are not part of. Under ARS 13-3005, intercepting a conversation “at which he is not present” without the consent of at least one party is a class 5 felony.7Arizona Legislature. Arizona Revised Statutes Title 13 – 13-3005 If you are across the street from two officers talking and you cannot naturally hear them, capturing their audio could cross that line.
The safest practice as a bystander is to keep your recording openly visible. Courts have generally treated open, public recording as failing the “secret” interception element that wiretapping statutes require.
If an Officer Tries to Take Your Phone
The right to record means little if police can seize the device. The U.S. Supreme Court held in Riley v. California (2014) that officers generally need a warrant to search the digital contents of a cell phone, even one taken during an arrest. The Court described modern phones as containing “a digital record of nearly every aspect” of a person’s life.8Justia. Riley v. California, 573 U.S. 373 (2014)
An officer may physically hold your phone to prevent evidence destruction while seeking a warrant, but scrolling through your photos or videos without one violates the Fourth Amendment. The narrow exception is exigent circumstances, and it requires specific facts, not a general curiosity about what you filmed.
If an officer demands your phone, state clearly and calmly that you do not consent to a search. Do not physically resist. Physical resistance can escalate the encounter and create separate criminal exposure. Note the officer’s name and badge number, and raise the seizure afterward through a complaint or a lawsuit.
What to Do If Your Rights Are Violated
When an officer unlawfully stops you from recording, takes your phone, or arrests you for filming, 42 U.S.C. Section 1983 lets you sue for the constitutional violation. Claims from recording encounters usually pair a First Amendment theory (suppressing protected expression) with a Fourth Amendment theory (unlawful seizure or arrest).
The main hurdle is qualified immunity, which shields officers unless their conduct violated a “clearly established” right a reasonable officer would know about. With eight federal circuits and the Arizona Broadcasters Association injunction all recognizing the right to record police, the “clearly established” prong is increasingly hard for officers to hide behind in these cases.1Electronic Frontier Foundation. Federal Judge Upholds Arizonans’ Right to Record the Police You can also sue a municipality under Section 1983 if the violation traces to an official policy or custom rather than one officer’s decision.
Damages can include compensation for emotional distress, lost or destroyed footage, attorneys’ fees, and punitive damages in egregious cases. Many civil rights attorneys handle these matters on contingency or under federal fee-shifting, which puts the fee burden on the municipality if you win.
Practical Rules for a Recording Encounter
Knowing the law is one thing. Applying it under pressure is another. A few ground rules make a recording safer and more useful:
- Hold your phone openly. Officers and courts view visible recording more favorably, and it undercuts any wiretapping argument.
- Keep a reasonable distance. Ten to fifteen feet usually gives you clear video without giving an officer a legitimate reason to move you.
- Do not touch the scene. Recording is protected. Stepping into an arrest, a crime scene, or a traffic stop is not.
- You are not required to show ID simply because you are recording. Arizona has no stop-and-identify statute for bystanders.
- Back up your footage. Cloud auto-upload means a seized phone does not destroy your only copy.
- If an officer reaches for your phone, say clearly: “I do not consent to a search of my device.” That statement helps any later legal claim.
The law here is more settled than it has ever been. Arizona’s attempt to restrict recording within eight feet failed because the constitutional right to film police in public is recognized across nearly every federal court that has considered it. Not every encounter will be smooth, but the legal framework is firmly on the side of people who record responsibly.