Arizona Laws on Recording Police: Your Rights After HB 2319

Arizona residents have a First Amendment right to record police officers performing their duties in public. Audio recordings fall under Arizona's one-party consent law (A.R.S. 13-3005). Arizona's eight-foot buffer rule, HB 2319 (A.R.S. 13-3732), was permanently blocked by a federal court in 2023 and cannot be enforced.

You have the legal right to record police officers in Arizona. The First Amendment to the U.S. Constitution protects your ability to film, photograph, and audio record law enforcement officers performing their official duties in public spaces, as established by Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), and Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018). Arizona's attempt to restrict this right through HB 2319 was permanently enjoined by stipulated injunction in Arizona Broadcasters Ass'n v. Mayes (D. Ariz. July 21, 2023).

This guide covers the full scope of your rights to record police in Arizona, the history and downfall of the eight-foot restriction, what officers can and cannot do when you are filming, and practical tips for safely and legally recording law enforcement encounters.

The Constitutional Right to Record Police

First Amendment Protection

Multiple federal appeals courts have recognized that the First Amendment protects the right of individuals to record police officers carrying out their duties in public, though the U.S. Supreme Court has not directly ruled on the question, so the scope of the right still varies somewhat by circuit. This right flows from the broader freedom of the press and the freedom of speech, which encompass the right to gather information about government officials acting in their public capacity.

The Ninth Circuit Court of Appeals, which covers Arizona, has recognized a First Amendment right to record police in two decisions. Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995), reversed summary judgment and sent to trial a claim that an officer used force to stop a bystander from filming a protest, holding a jury could find that violated the First Amendment. Askins v. U.S. Dep't of Homeland Sec., 899 F.3d 1035 (9th Cir. 2018), cited Fordyce for the right to record officers performing official duties in public and vacated the dismissal of similar claims, sending them back for further proceedings. Neither case was decided on qualified-immunity 'clearly established right' grounds. U.S. District Judge John J. Tuchi cited this Ninth Circuit authority in the Arizona Broadcasters case, finding the right to record law enforcement in public beyond reasonable dispute.

What This Right Covers

Your right to record police in Arizona includes:

• Filming traffic stops, including your own
• Recording arrests happening in public view
• Documenting police interactions with yourself or others
• Livestreaming encounters on social media platforms
• Photographing officers and their vehicles, badges, and equipment
• Audio recording conversations with police (one-party consent applies under ARS 13-3005)
• Recording from any public location where you have a legal right to be

The Rise and Fall of HB 2319 (The Eight-Foot Rule)

What the Law Said

In 2022, Arizona Governor Doug Ducey signed HB 2319 into law, codified as ARS 13-3732. The law made it a Class 3 misdemeanor to knowingly make a video recording of law enforcement activity within eight feet of where the activity was occurring, if the person making the recording was warned by an officer that they were too close.

The law included exceptions for:

• The person who was the subject of the police encounter
• A person in a vehicle during a traffic stop
• A person recording from inside a private residence

The Legal Challenge

A coalition including the American Civil Liberties Union of Arizona, several news organizations, and individual journalists challenged HB 2319 in federal court shortly after it was signed. The plaintiffs argued that the law violated the First Amendment by restricting speech based on its content (recording police) and was not narrowly tailored to serve a compelling government interest.

The Court's Ruling

On July 21, 2023, U.S. District Judge John J. Tuchi entered a permanent injunction and declaratory judgment in Arizona Broadcasters Ass'n v. Mayes, No. 2:22-cv-01431-JJT (D. Ariz. 2023), blocking enforcement of ARS 13-3732. The injunction was stipulated -- the Arizona Attorney General agreed not to defend the statute, and the parties jointly presented the injunction for entry. Because the resolution was by stipulation, the court did not issue a full merits ruling on First Amendment strict scrutiny. The declaratory judgment confirms the statute is unenforceable as a restriction on First Amendment-protected recording activity. HB 2319 cannot be enforced anywhere in Arizona.

What This Means for You

The permanent injunction means you can record police from any distance in Arizona, as long as you are in a public place and not physically interfering with police operations. The eight-foot restriction has no legal force.

What You Can Do When Recording Police

Your Specific Rights

When recording law enforcement in Arizona, you can:

• Stand on any public sidewalk, street, or property and record
• Use any device including smartphones, cameras, body cameras, and professional video equipment
• Record audio as well as video under one-party consent rules
• Refuse to identify yourself unless you are suspected of committing a crime (Arizona has a stop-and-identify statute under ARS 13-2412, but it only applies when you are lawfully detained on suspicion of criminal activity)
• Refuse to stop recording when an officer asks you to
• Refuse to show officers your footage without a warrant
• Refuse to delete footage under any circumstances
• Livestream your recording so a copy exists even if your device is seized

Recording Your Own Police Encounter

If you are the subject of a police encounter (traffic stop, pedestrian stop, or arrest), you have the right to record the interaction. Under the HB 2319 ruling, even the now-defunct law acknowledged an exception for the subject of the encounter. Best practices:

• Inform the officer calmly that you are recording
• Keep your hands visible if possible
• Do not make sudden movements to reach for your phone
• If your phone is already out, keep recording
• You can also ask a passenger to record the encounter

What You Cannot Do When Recording Police

Limitations on Your Right

The right to record is not unlimited. You cannot:

• Physically interfere with police operations
• Trespass on private property to get a better angle for recording
• Enter a crime scene that has been cordoned off
• Obstruct an officer's movement or block them from performing their duties
• Refuse to comply with lawful orders to move back from an active tactical situation (such as an active shooter or hostage situation)
• Resist arrest if an officer unlawfully tries to stop your recording (assert your rights verbally, then challenge the action in court)

Arizona's Existing Obstruction Laws

Officers may still use existing statutes if your recording activity crosses into interference:

• ARS 13-2409: Obstructing a criminal investigation or prosecution (Class 5 felony)
• ARS 13-2506: Obstructing a highway or public thoroughfare (Class 3 misdemeanor)
• ARS 13-1502: Criminal trespass (applicable if you enter private property to record)

These laws apply to your conduct, not to the act of recording itself. An officer cannot use obstruction as a pretext to stop lawful recording.

What Officers Cannot Do

Prohibited Officer Conduct

Arizona police officers cannot:

• Order you to stop recording solely because they do not want to be filmed
• Confiscate your phone or camera without a warrant or probable cause
• Delete footage from your device under any circumstances
• Arrest you for the sole act of recording in a public place
• Threaten you with arrest for lawful recording activity
• Physically assault you or use force to prevent recording
• Retaliate against you for exercising your First Amendment rights

What to Do if an Officer Violates Your Rights

If a police officer unlawfully interferes with your recording:

1. Stay calm and do not physically resist. Verbal resistance is protected; physical resistance can lead to additional charges regardless of whether the underlying stop was lawful.
2. State clearly: "I am exercising my First Amendment right to record. I am not interfering with your duties."
3. Note the officer's name, badge number, and patrol car number if possible.
4. File a complaint with the department's internal affairs division.
5. Contact the ACLU of Arizona or a civil rights attorney if your rights were violated.
6. File a Section 1983 civil rights lawsuit in federal court if you suffered damages from the violation.

Police Body Cameras in Arizona

State Law on Body-Worn Cameras

Arizona does not have a comprehensive statewide body camera mandate. Individual police departments set their own policies on body-worn cameras. However, many Arizona law enforcement agencies have adopted body camera programs, including:

• The Phoenix Police Department
• The Tucson Police Department
• The Mesa Police Department
• The Maricopa County Sheriff's Office

Body-Worn Camera Statutory Framework

Arizona does not have a single statute setting statewide definitions or operational requirements for the peace officer body-worn camera program -- individual departments set their own written policies, consistent with the point above. ARS 41-1734 governs how the Arizona Department of Public Safety specifically discloses, redacts, and charges fees for its own body-worn camera footage; it does not extend to other Arizona law enforcement agencies.

Accessing Body Camera Footage

Body camera footage from Arizona law enforcement is a public record subject to ARS 39-121. For footage held by the Arizona Department of Public Safety specifically, the disclosure and redaction rules in ARS 41-1734 also apply. You can request footage through a public records request to the relevant agency. Exceptions apply:

• Footage from ongoing criminal investigations may be withheld
• The Department of Public Safety may redact footage showing victims or juveniles under ARS 41-1734
• Agencies may charge reasonable fees for copying and producing the footage

Recording at Government Meetings and Buildings

Arizona Open Meeting Law

The Arizona Open Meeting Law (ARS 38-431.01) explicitly protects the public's right to record government meetings. You can record:

• City council meetings
• County board of supervisors meetings
• School board meetings
• Police oversight board meetings
• Public hearings and forums
• Any meeting of a public body

The law states that persons in attendance may record any portion of a public meeting, as long as the recording does not actively interfere with the meeting. No prior permission is needed.

Recording Inside Government Buildings

You generally have the right to record in public areas of government buildings (lobbies, hallways, courtrooms during public proceedings). However, some areas may have additional restrictions:

• Courtrooms are subject to the presiding judge's rules
• Secure areas of police stations and jails are restricted
• Some government offices may have posted policies about recording

Arizona Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

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