EnglishEspañol
Kansas flag

Kansas

Kansas Laws on Recording Police

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 6 primary sources cited on this page. How we verify our legal content

Kansas Laws on Recording Police

Frequently Asked Questions

Can I legally record police officers in Kansas?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. The Tenth Circuit Court of Appeals, which covers Kansas, confirmed this right as clearly established in Irizarry v. Yehia (2022). Kansas one-party consent law under K.S.A. 21-6101 also allows you to audio record your own interactions with police.

Can a police officer order me to stop recording in Kansas?

No, an officer cannot order you to stop recording simply because they do not want to be recorded. The Tenth Circuit has ruled that this right is clearly established, meaning officers are on notice that they cannot prevent lawful recording. However, officers can give lawful orders to move back to a safe distance if your proximity interferes with their duties.

Can police confiscate my phone or camera in Kansas?

Officers cannot seize your recording device without a warrant. If an officer takes your phone, do not resist physically, but clearly state that you do not consent to the seizure. You can later pursue a civil rights claim under 42 U.S.C. 1983 for the unlawful seizure of your property and violation of your First Amendment rights.

Can I get police body camera footage in Kansas?

Yes. Body camera footage is generally subject to the Kansas Open Records Act (K.S.A. 45-215). Submit a written request to the records custodian of the law enforcement agency. The agency may deny access under certain exemptions, such as active criminal investigations, but you can appeal a denial to the Kansas Attorney General or file a lawsuit.

What should I do if police delete my recording or take my phone?

Document everything: the officer's name, badge number, time, location, and witnesses. File an internal complaint with the police department and a complaint with the Kansas Commission on Peace Officers' Standards and Training (KS-CPOST). Consult a civil rights attorney about filing a Section 1983 lawsuit for violation of your First Amendment rights. The Tenth Circuit has ruled this right is clearly established, so qualified immunity is not available as a defense.

Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the penalty classification for obstruction of official duty (K.S.A. 21-5904): the offense can be a Class A nonperson misdemeanor or a severity level 9 nonperson felony depending on the disposition, not only a misdemeanor as previously stated.

Governing law re-checked for recent changes

Confirmed Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022) as the controlling Tenth Circuit precedent for the First Amendment right to record police in Kansas. Added K.S.A. 45-254 (KORA body-camera-specific provision) alongside K.S.A. 45-215 for body camera records requests. Confirmed K.S.A. 75-4318 KOMA recording rights. Added UpdatesLog.

Reviewed and approved by an editor

Sources and References

  1. Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022)(ca10.uscourts.gov).gov
  2. K.S.A. 21-6101 - Breach of Privacy (Kansas Revisor of Statutes)(ksrevisor.org).gov
  3. 42 U.S.C. 1983 - Civil Action for Deprivation of Rights(law.cornell.edu)
  4. K.S.A. 45-215 - Kansas Open Records Act (Kansas Revisor of Statutes)(ksrevisor.org).gov
  5. K.S.A. 75-4318 - Kansas Open Meetings Act (Kansas Revisor of Statutes)(ksrevisor.gov).gov
  6. K.S.A. 21-5904 - Obstruction of Official Duty (Kansas Revisor of Statutes)(ksrevisor.org).gov
  7. Kansas Commission on Peace Officers Standards and Training (KS-CPOST)(kscpost.org).gov
Share: