Can I record an officer during a traffic stop?

Asked on July 31, 2015 under General Practice, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The laws regarding the "right to record" are as follows: You do have the right to openly record official police conduct that is performed in public; you may have the right to secretly record police conduct performed in public (it varies from jurisdiction-to-jurisdiction); and you do not have the right to record a private conversation of the police (or anyone else) without consent if you are not a party to the conversation (in some states only you need to consent; in other states all parties to the conversation must consent).
 
Note: A citizens is protected by the 4th and 14th amendments from having their recording equipment illegally seized by the police under these circumstances; if it is, they can sue for damages under federal law.


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