South Dakota Laws on Recording Police
South Dakota residents have the right to record police officers performing their duties in public. This right is grounded in the First Amendment to the U.S. Constitution and supported by federal court rulings. South Dakota's one-party consent law (SDCL 23A-35A-20) further allows you to audio record any interaction with police that you are part of without informing the officers.
This guide explains when and how you can legally record police in South Dakota, your rights during traffic stops, the limits on recording, and the rules around body camera footage and police video.
Your Constitutional Right to Record Police
The First Amendment Foundation
The right to record police officers performing their duties in public is protected by the First Amendment. Multiple federal courts of appeals have recognized this right, holding that the act of recording public officials carries out a core First Amendment purpose: enabling the public to monitor government conduct.
The U.S. Court of Appeals for the Eighth Circuit, which covers South Dakota, has not issued a direct ruling specifically addressing the right to record police. However, the Eighth Circuit has favorably cited decisions from other circuits that have recognized this right. Federal circuits that have explicitly upheld the right to record police include the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits.
In practice, this means that recording police officers in public in South Dakota is constitutionally protected activity. Officers who seize recording devices or arrest individuals solely for recording face potential liability under 42 U.S.C. 1983 for violating civil rights.
South Dakota's One-Party Consent Rule
Beyond the First Amendment, South Dakota's wiretapping statute provides additional support. Under SDCL 23A-35A-20, you can record any conversation you participate in without informing the other party. When you interact with a police officer during a traffic stop, at a public event, or during any other encounter, you are a party to that conversation and can lawfully record the audio.
When You Can Record Police
Traffic Stops
You can record your own traffic stop in South Dakota. This includes:
- Turning on your phone's camera or voice recorder when pulled over
- Using a dashcam that captures both video and audio of the stop
- Having a passenger record the interaction
- Livestreaming the encounter on social media
When recording a traffic stop, keep your hands visible and inform the officer if you need to reach for your phone. Do not make sudden movements that could be interpreted as reaching for a weapon.
Arrests and Detentions
You can record arrests happening in public. Whether you are the person being arrested or a bystander, you have the right to capture the event on video or audio. Bystanders should maintain a safe distance and avoid physically interfering with the arrest.
Police Checkpoints and Roadblocks
South Dakota law enforcement occasionally conducts DUI checkpoints and other roadblocks. You can record these encounters. Your dashcam may continue recording throughout the stop, and you can use a handheld device as well.
Public Protests and Demonstrations
During public protests, demonstrations, and rallies in South Dakota, you can record police activity including their interactions with protesters, their crowd management tactics, and their response to any incidents. This right extends to journalists, independent media, and members of the public alike.
Interactions at Government Buildings
You can record police officers and other government officials in public areas of government buildings. This includes the public areas of courthouses, city halls, police station lobbies, and other government facilities. Individual buildings may have specific rules about recording in certain areas, but public lobbies and common areas are generally open to recording.
Limits on Recording Police
Do Not Interfere With Police Operations
While you have the right to record, you cannot physically interfere with police operations. Interference includes:
- Stepping into the path of officers pursuing a suspect
- Reaching past a police perimeter or crime scene tape
- Blocking police vehicles or equipment
- Touching officers or their equipment
- Loudly disrupting police communications during an active operation
South Dakota's obstruction statute makes it illegal to intentionally prevent or attempt to prevent a law enforcement officer from performing a lawful duty.
Do Not Trespass
You cannot enter private property without permission to get a better recording angle. If police are conducting an operation on private property, you must record from a public area or from property where you have permission to be.
Follow Lawful Orders to Move Back
Officers may order you to move back to a safe distance during an active scene. You should comply with reasonable distance requests while continuing to record. An order to stop recording entirely, however, is generally not a lawful order.
Officers Cannot Seize Your Device
Police officers cannot confiscate your phone or recording device simply because you were recording them. Seizing a recording device requires a warrant in most circumstances. If an officer takes your device, clearly state that you do not consent to the search or seizure, but do not physically resist.
The U.S. Supreme Court's decision in Riley v. California (2014) established that police generally need a warrant to search the contents of a cell phone, which includes recorded video and audio files.
Officers Cannot Force You to Delete Footage
An officer has no legal authority to force you to delete recordings. If ordered to delete footage, calmly decline and state that you believe you have the right to record. If the officer persists, do not physically resist, but document the interaction and contact an attorney afterward.
Body Camera and Police Dashcam Footage
South Dakota's Approach to Police Video
South Dakota does not have a specific statute mandating or regulating law enforcement body cameras or dashcams. Individual agencies make their own decisions about whether to equip officers with body cameras.
Public Access to Police Video
Body camera footage and police dashcam video are exempt from South Dakota's public records laws. Law enforcement agencies have full discretion on whether to release police video to the public. South Dakota News Watch has reported that requests for police video are routinely denied by agencies across the state.
This lack of public access has drawn criticism from transparency advocates. Unlike states that have enacted specific body camera disclosure laws, South Dakota leaves the decision entirely to individual agencies.
Obtaining Police Video for Legal Proceedings
While the public may not have access to police video, defendants in criminal cases can typically obtain body camera and dashcam footage through the discovery process. Attorneys can subpoena police video as part of litigation. If you are involved in a case where police video may be relevant, consult with a South Dakota attorney about how to obtain it.
Recording Police in South Dakota vs. Neighboring States
South Dakota's one-party consent framework is more permissive than some neighboring states:
| State | Consent Type | Can You Record Police? |
|---|---|---|
| South Dakota | One-party | Yes |
| North Dakota | One-party | Yes |
| Nebraska | One-party | Yes |
| Wyoming | One-party | Yes |
| Iowa | One-party | Yes |
| Montana | Two-party | Yes, but audio consent rules may apply |
| Minnesota | One-party | Yes |
All states permit recording police in public, but the audio recording rules vary. Montana's two-party consent requirement means you should inform officers you are recording if you want to capture audio during a Montana police encounter.
What to Do If Your Rights Are Violated
If a police officer in South Dakota:
- Arrests you for recording
- Seizes your recording device
- Forces you to delete footage
- Threatens you for recording
Take these steps:
- Remain calm and do not physically resist. Asserting your rights verbally is appropriate; physical resistance is dangerous and can result in additional charges.
- Clearly state your rights. Say something like "I believe I have the right to record under the First Amendment and I do not consent to the seizure of my device."
- Document everything. Write down the officer's name, badge number, agency, date, time, and location as soon as possible.
- Contact an attorney. An attorney can advise you on filing a complaint or pursuing a civil rights claim under 42 U.S.C. 1983.
- File a complaint. You can file a complaint with the officer's agency or with the ACLU of South Dakota.
Recording Government Meetings
South Dakota's Open Meetings Law (SDCL 1-25) provides a separate and explicit right to record government meetings. Under SDCL 1-25-11, no public body may prevent a person from recording a public meeting that is open to the public, as long as the recording is:
- Reasonable in its methods
- Obvious to meeting participants
- Not disruptive to the proceedings
This applies to city and county commission meetings, school board meetings, state legislative proceedings, public hearings, and all other open government meetings.
More South Dakota Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
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