In the age of smartphones and livestreams, one of the most common questions people have during protests is: “Can I legally film the police?”
The short answer in California is yes, but there are limits, and crossing them could lead to arrest.

If you’re out protesting, documenting police behavior, or simply holding your phone up while standing nearby, it’s important to understand your First Amendment filming rights — and where those rights stop.

Yes — You Have the Right to Film Police in Public

California law — and the U.S. Constitution — both protect your right to record public officials, including police officers, in public spaces. That includes:

• Protests and marches
• Public sidewalks
• Parks
• Courthouse steps
• Outside government buildings

Your right to film falls under the First Amendment, which protects freedom of speech and freedom of the press. You don’t need to be a journalist to record — your phone makes you the media.

But here’s where it gets tricky: how you record can still get you into legal trouble.

What You Can’t Do While Filming the Police

Even though you can film, your right doesn’t give you unlimited access or the right to interfere. Police can lawfully tell you to back up, move to the sidewalk, or stop approaching a crime scene.

Here’s what not to do while filming the police at a protest:

• Don’t block officers from doing their job
• Don’t get physically close during arrests or detentions
• Don’t ignore dispersal orders — even if you’re just holding a camera
• Don’t disobey curfews or trespass while recording

Violating these rules could result in charges like obstruction, failure to disperse, or trespassing, even if your intention was simply to document events.

Remember: it’s legal to record — it’s illegal to interfere.

Can Police Tell You to Stop Filming?

Generally, no, they cannot order you to stop recording just because they don’t want to be filmed, especially if you’re in a public place and not interfering.

However, they can place reasonable limits on how and where you film. For example, if you’re in the middle of a sidewalk they’re trying to clear, or standing too close to a suspect being detained, they can order you to move.

Also important: police cannot legally force you to delete footage or search your phone without a warrant. If that happens, your rights may have been violated, and that should be discussed with a defense attorney immediately.

Tips to Film Safely and Legally During a Protest

• Keep a safe distance and follow lawful commands
• Use landscape mode for a wider shot
• Narrate what you see (date, time, location, badge numbers if visible)
• Back up your footage to the cloud if possible
• Don’t argue on the spot — if police challenge your right to film, comply for your safety and address it later with legal counsel

Know Your Rights — and When to Call a Lawyer

Filming police in California is a powerful way to promote transparency, but if you’re arrested or charged with obstruction while exercising your protest rights, you still need legal protection.

At Inland Empire Criminal Defense, we’ve successfully defended clients who were arrested while peacefully recording or livestreaming protests. We know how to challenge vague charges and protect your First Amendment rights. Don’t let your camera cost you your freedom — call us today at 909-281-0391 for a free consultation. Based in Ontario, CA, we proudly serve the entire Inland Empire.