New Hampshire Laws on Recording Police
Recording police officers in New Hampshire involves a unique intersection of First Amendment rights, the state's strict all-party consent wiretapping law, and federal court precedent. While the Granite State generally requires consent from all parties before recording a conversation, constitutional protections and public accountability principles create important exceptions when it comes to documenting law enforcement activity.
This guide covers your rights when recording police, the legal framework that supports those rights, limitations you should be aware of, police body camera regulations, and what to do if an officer tells you to stop recording.
Your Constitutional Right to Record Police
First Amendment Protections
The First Amendment to the United States Constitution protects the right of citizens to record police officers performing their official duties in public. This right has been recognized by federal courts across the country, and it applies in New Hampshire.
The First Circuit Court of Appeals, which has jurisdiction over New Hampshire, issued a landmark ruling in Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). In that case, the court held that:
- Citizens have a First Amendment right to film police officers carrying out their duties in public
- This right extends to audio and video recording of police activity
- Officers who arrest or retaliate against people exercising this right may be held liable under 42 U.S.C. Section 1983 for violating civil rights
- The right to record is not limited to credentialed journalists but extends to all members of the public
This precedent is binding in New Hampshire. Police officers in the Granite State cannot lawfully order you to stop recording their public activities simply because you are recording.
How This Interacts With New Hampshire's All-Party Consent Law
New Hampshire's wiretapping statute (RSA 570-A:2) requires all-party consent for recording oral communications where the speaker has a reasonable expectation of privacy. The key question when recording police is whether the officer has such an expectation.
Courts have generally found that police officers performing public duties in public spaces do not have a reasonable expectation of privacy in their communications made during those duties. This means:
- Recording an officer conducting a traffic stop on a public road is generally protected
- Recording an officer making an arrest on a public sidewalk is generally protected
- Recording officers at a public protest or demonstration is generally protected
- Recording conversations between officers in a public setting where they could be overheard by passersby is generally protected
However, private conversations between officers conducted away from public view (such as inside a police station or in a private office) may still carry a reasonable expectation of privacy and be subject to the all-party consent rule.
Practical Guidelines for Recording Police
How to Record Safely and Legally
When recording police in New Hampshire, follow these guidelines to protect both your rights and your safety:
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Record openly. While there is no legal requirement to announce your recording, open recording is less likely to provoke a confrontation and strengthens your legal position.
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Maintain a safe distance. Stand far enough from the encounter that you do not interfere with police operations. A distance of 15 to 25 feet is generally reasonable, though circumstances vary.
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Do not interfere with police activity. Under RSA 642:2, it is a misdemeanor to obstruct a government official, including police officers, in performing their duties. Recording alone is not interference, but physically blocking an officer, refusing to move when lawfully ordered, or inserting yourself into an active scene could be.
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Do not touch officers or their equipment. Keep your hands visible and avoid any physical contact with officers, their vehicles, or their gear.
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Remain calm and respectful. If an officer asks you to stop recording, calmly state that you believe you have a legal right to record. Do not argue or become confrontational.
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Do not resist if detained or arrested. If an officer arrests you for recording, comply with the arrest and challenge it later through legal channels. Resisting arrest can result in additional charges.
What to Do If an Officer Orders You to Stop Recording
If a police officer in New Hampshire tells you to stop recording:
- Calmly state your rights. You may say something like "I believe the First Amendment protects my right to record police activity in public."
- Do not physically resist if the officer insists or attempts to take your device
- Do not delete any recordings at the officer's request. Doing so may destroy evidence of potential civil rights violations.
- Note the officer's name, badge number, and department as soon as safely possible
- File a complaint with the police department's internal affairs unit or civilian oversight board
- Consult a civil rights attorney about potential claims under 42 U.S.C. Section 1983
When Recording May Be Limited
Your right to record police is not absolute. Recording may be lawfully restricted when:
- You are interfering with police operations or obstructing an active scene
- You are on private property and the property owner or authorized person asks you to leave
- A court has issued a specific order limiting recording in a particular case or proceeding
- You are in a secure area of a police station, jail, or correctional facility where recording is prohibited for security reasons
- The recording would compromise an active undercover operation (though this is a narrow exception)
Recording at Public Meetings
The Right-to-Know Law
New Hampshire's Right-to-Know Law (RSA 91-A:2-a) provides a clear statutory right to record at public meetings of government bodies. This includes:
- State legislative sessions and committee hearings
- County commission meetings
- Municipal meetings including selectboard, city council, and town council
- School board meetings
- Police commission meetings and public hearings
- Planning and zoning board meetings
Under RSA 91-A:2-a, any person may use tape recorders, cameras, videotape equipment, and other recording devices at public meetings. Government bodies cannot prohibit this recording. This applies even if the meeting involves law enforcement officials, police budgets, or disciplinary matters discussed in public session.
The New Hampshire Attorney General's Office provides guidance on the Right-to-Know Law, including information about recording rights at public meetings.
Law Enforcement Recording Exceptions
One-Party Consent for Officers (RSA 570-A:2, II(d))
While private citizens in New Hampshire must obtain all-party consent to record, law enforcement officers have a narrow exception under RSA 570-A:2, II(d). An officer may record with only one party's consent when all of the following conditions are met:
- The officer is acting in the ordinary course of duties
- The investigation involves organized crime, offenses listed in RSA 570-A, solid waste violations under RSA 149-M:9, or harassing/obscene telephone calls
- The officer is a party to the communication, or one party has given prior consent
- The Attorney General, Deputy Attorney General, or a designated Assistant Attorney General has determined there is reasonable suspicion that evidence of criminal conduct will result
- A written memorandum of the authorization and its basis is prepared within 72 hours
This exception is limited to specific categories of crime. It does not authorize police to make one-party consent recordings in routine investigations, traffic stops, or general patrol activities.
Warrant-Based Wiretapping
For investigations not covered by the one-party consent exception, New Hampshire law enforcement must obtain a court order (wiretap warrant) to intercept communications. The procedures for obtaining such orders are governed by both state law and the federal Wiretap Act (18 U.S.C. Sections 2510-2522).
Police Body Cameras and Dashcams
Body Camera Policies
New Hampshire does not have a comprehensive statewide body camera mandate for all law enforcement agencies. Individual police departments establish their own body camera policies. However, several principles apply:
- Departments that use body cameras typically require officers to activate cameras during encounters with the public
- Body camera footage is generally considered a government record subject to the Right-to-Know Law (RSA 91-A)
- Footage may be withheld if it falls under recognized exemptions, such as active criminal investigations or internal personnel matters
- Officers who fail to activate their body cameras when required by department policy may face internal discipline
Dashcam Footage
Police dashcam footage follows similar rules:
- Dashcam recordings made during the performance of public duties are generally public records under RSA 91-A
- Requests for dashcam footage should be directed to the police department under the Right-to-Know Law
- Departments may redact or withhold portions that could compromise investigations or reveal confidential informants
Accessing Police Recordings
To request body camera or dashcam footage in New Hampshire:
- Submit a written Right-to-Know request under RSA 91-A to the relevant police department
- Identify the footage as specifically as possible (date, time, location, officers involved)
- Allow reasonable time for the department to review and respond
- If the request is denied, you may appeal to the New Hampshire Superior Court
- The NH Attorney General's Office provides guidance on the Right-to-Know request process
Penalties Related to Police Recording Issues
Penalties for Obstructing an Officer
Under RSA 642:2, obstructing a government official is a misdemeanor. If your recording activity crosses the line into interference:
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Obstructing a government official (RSA 642:2) | Misdemeanor | 1 year jail, $2,000 fine |
| Resisting arrest (RSA 642:2) | Misdemeanor | 1 year jail, $2,000 fine |
Penalties for Police Violating Recording Rights
Officers who unlawfully arrest, detain, or retaliate against a person for recording may face:
- Internal discipline through the department's chain of command
- Civil rights lawsuits under 42 U.S.C. Section 1983 for violation of First Amendment rights
- Qualified immunity limitations: Courts have increasingly found that the right to record police is "clearly established," making it harder for officers to claim qualified immunity
Civil Remedies for Unlawful Interference
If a police officer in New Hampshire unlawfully interferes with your recording, you may have civil claims for:
- First Amendment violations under 42 U.S.C. Section 1983 (damages, injunctive relief, attorney fees)
- Fourth Amendment violations if your recording device was seized without a warrant
- State tort claims including false arrest, false imprisonment, and intentional infliction of emotional distress
Police Recording During Protests and Demonstrations
Your Rights at Protests
Recording police activity during protests and demonstrations receives strong First Amendment protection. In New Hampshire:
- You may record police from public sidewalks, parks, and other public spaces
- Officers cannot order you to stop recording unless you are actively interfering with their operations
- "Kettling" or corralling protesters to prevent them from recording is constitutionally suspect
- Mass confiscation of phones or cameras from protest participants raises serious Fourth Amendment concerns
Police Surveillance of Protesters
New Hampshire residents should also be aware that police may record protesters:
- Officers may use body cameras and dashcams during crowd control operations
- Surveillance cameras in public spaces may capture protest activity
- The Right-to-Know Law may provide access to police recordings of protest events
- First Amendment protections limit the government's ability to use surveillance to chill protected speech and assembly
More New Hampshire Recording Laws
Audio Recording | Video Recording | Voyeurism | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
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More New Hampshire Laws
Sources and References
- RSA 570-A:2 - Interception Prohibited(gc.nh.gov).gov
- RSA 91-A - Right-to-Know Law(gc.nh.gov).gov
- RSA 642:2 - Obstructing Government(gc.nh.gov).gov
- NH AG - Right to Know(doj.nh.gov).gov
- NH Right-to-Know Presentation(governor.nh.gov).gov
- RSA 625:9 - Classification of Crimes(gc.nh.gov).gov