Utah Laws on Recording Police
Utah residents have the right to record police officers performing their duties in public. This right is grounded in the First Amendment and supported by Tenth Circuit Court of Appeals precedent. Utah's one-party consent law (77-23a-4) further allows you to audio record any interaction with police that you are part of.
This guide explains when and how you can legally record police in Utah, your rights during traffic stops, body camera rules, and what to do if your rights are violated.
Your Constitutional Right to Record Police
First Amendment and Tenth Circuit Precedent
The U.S. Court of Appeals for the Tenth Circuit, which covers Utah, has recognized the First Amendment right to record police officers performing their duties in public. In Irizarry v. Yehia (2023), the Tenth Circuit explicitly held that individuals have a clearly established First Amendment right to film police officers performing their duties in public.
This means recording police in Utah is constitutionally protected. Officers who seize devices or arrest people solely for recording face potential liability under 42 U.S.C. 1983.
One-Party Consent
Under Utah Code Ann. 77-23a-4, you can audio record any conversation you participate in. During a traffic stop or other police interaction, you are a participant and can lawfully record.
When You Can Record
- Traffic stops (your own or from a bystander position)
- Arrests happening in public
- Police checkpoints
- Public protests where police are present
- Interactions at government buildings
- Any public encounter with law enforcement
Limits on Recording
- Do not physically interfere with police operations
- Do not trespass on private property to record
- Follow lawful orders to maintain a safe distance
- Do not obstruct officers performing their duties
Device Seizure Protections
Police cannot confiscate your phone solely for recording. Under Riley v. California (2014), searching a phone generally requires a warrant. If an officer takes your device, clearly state you do not consent to the search or seizure.
Utah Body Camera Programs
Utah has been proactive in adopting body cameras for law enforcement. The state established the Utah Body-Worn Camera Program to provide funding and guidelines for agencies implementing body camera systems. Many Utah police departments now equip officers with body cameras.
Body camera footage is generally subject to the Government Records Access and Management Act (GRAMA), though certain records may be classified as private or protected.
Recording Government Meetings
Utah's Open and Public Meetings Act (52-4-203) requires public bodies to record their own meetings and allows the public to record as well.
What to Do If Your Rights Are Violated
- Remain calm and do not physically resist
- Clearly state your First Amendment right to record
- Document the officer's name, badge number, and agency
- Contact an attorney about a civil rights claim under 42 U.S.C. 1983
- File a complaint with the officer's agency or the ACLU of Utah
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