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Kentucky Laws on Recording Police: Your First Amendment Rights

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 8 primary sources cited on this page. How we verify our legal content

Kentucky Laws on Recording Police: Your First Amendment Rights

Frequently Asked Questions

Can I record police officers in Kentucky?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. Kentucky's one-party consent law (KRS 526.020) also allows you to record any interaction you have with police. You must not physically interfere with police operations.

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

An officer cannot legally order you to stop recording entirely. They can order you to move back if you are interfering with their duties or if there is a safety concern. If told to move, comply with the location order but continue recording from the new position.

Can police delete recordings from my phone in Kentucky?

No. Deleting recordings from your phone would constitute destruction of evidence. Under Riley v. California (2014), police generally cannot search your phone without a warrant. If your phone is seized, request a property receipt and contact an attorney.

Do Kentucky police officers have to wear body cameras?

Kentucky does not have a statewide body camera mandate. Individual departments set their own policies. Major agencies like the Louisville Metro Police Department and Lexington Police have adopted body camera programs, but requirements vary by department.

What should I do if a police officer threatens to arrest me for recording?

Stay calm and clearly state that you have a First Amendment right to record in public. Do not physically resist. Comply with any orders to move to a different location. Note the officer's name and badge number. File a complaint with the department's internal affairs division or contact the ACLU of Kentucky.

Updates

Corrected an overstated claim that the Sixth Circuit has settled precedent recognizing the right to record police (it has no published ruling on the question), and repointed three misrouted Kentucky statute links (KRS 519.020, KRS 61.878, KRS 61.168) to their correct pages.

Independently fact-checked against the cited primary sources

Corrected the source of the written-request/five-business-day procedure: it belongs to the general Open Records Act (KRS 61.870-61.884), not to the body-camera-specific KRS 61.168.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. KRS 526.020 - Eavesdropping(apps.legislature.ky.gov).gov
  2. KRS 519.020 - Obstructing Governmental Operations(apps.legislature.ky.gov).gov
  3. KRS Chapter 61 - Open Records and Open Meetings(apps.legislature.ky.gov).gov
  4. KRS 61.878 - Open Records Exemptions(apps.legislature.ky.gov).gov
  5. DOJ Letter on Right to Record Police(justice.gov).gov
  6. Kentucky Attorney General(ag.ky.gov).gov
  7. 42 U.S.C. 1983 - Civil Action for Deprivation of Rights(law.cornell.edu)
  8. Bureau of Justice Assistance - Body-Worn Camera Program(bja.ojp.gov).gov
  9. KRS 61.168 - Body-Worn Camera Footage Disclosure(apps.legislature.ky.gov).gov
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