Wisconsin Laws on Recording Police: Your Rights and Limitations (2026)

Wisconsin residents have a First Amendment right to record on-duty police officers in public. The Seventh Circuit Court of Appeals, which covers Wisconsin, has recognized this as constitutionally protected activity. Wisconsin's one-party consent law under Wis. Stat. 968.31 also permits you to record any conversation you are part of.

Recording police officers in Wisconsin is a constitutionally protected right. The First Amendment to the U.S. Constitution, as interpreted by federal courts including the Seventh Circuit Court of Appeals (which covers Wisconsin), protects the right of individuals to film law enforcement officers carrying out their duties in public spaces. Wisconsin's one-party consent law under Wis. Stat. 968.31 further supports this right by allowing you to record any conversation you participate in.

This guide covers the legal basis for recording police, practical advice for exercising this right safely, Wisconsin's body camera laws, and what to do if an officer attempts to stop you from filming.

The Constitutional Right to Record Police

First Amendment Protections

The right to record police officers performing their public duties is rooted in the First Amendment's protections for freedom of speech and freedom of the press. Federal courts have consistently held that recording government officials, including law enforcement officers, in the course of their public duties is a form of protected expression.

The U.S. Supreme Court has not directly ruled on the specific question of recording police, but multiple federal circuit courts have recognized this right. The principle behind these decisions is straightforward: the public has a right to gather information about how government officials exercise their authority, and recording is a modern means of doing so.

Seventh Circuit Precedent

Wisconsin falls within the jurisdiction of the U.S. Court of Appeals for the Seventh Circuit, which covers Wisconsin, Illinois, and Indiana. The Seventh Circuit has addressed the right to record police in several key decisions:

• In ACLU of Illinois v. Alvarez (2012), the Seventh Circuit struck down an Illinois eavesdropping statute that criminalized recording police officers in public, holding that the First Amendment protects the right to audio-record police performing their duties in public. While this case arose from Illinois, the ruling applies across the entire Seventh Circuit, including Wisconsin.
• The court reasoned that audio and video recording of matters of public interest, including police conduct, is protected by the First Amendment because it is an important means of gathering and disseminating information.

What This Right Covers

Your right to record police in Wisconsin includes:

• Traffic stops. You can record your own traffic stop from inside your vehicle. Passengers can also record.
• Arrests in public. Bystanders can record arrests that occur on public streets, sidewalks, and other public areas.
• Police interactions. You can record any conversation you have directly with an officer.
• Protests and demonstrations. Both participants and observers can record police activity at public gatherings.
• Public buildings. You can record police activity in areas of government buildings open to the public.
• Livestreaming. Real-time streaming of police encounters is protected to the same extent as recording for later review.

Practical Guidelines for Recording Police

How to Record Safely

While the right to record police is legally protected, exercising it safely requires awareness and preparation:

1. Keep your distance. Stand far enough away that you are clearly not interfering with the officer's work. A reasonable distance is typically 10 to 25 feet, though circumstances vary.
2. Do not physically intervene. Your right is to observe and record, not to interfere with police operations.
3. Keep your hands visible. When recording with a phone, hold it in a way that officers can see your hands are not holding a weapon.
4. Identify yourself if asked. While you generally do not have to provide identification as a bystander, being cooperative about non-invasive requests can prevent escalation.
5. Do not cross police tape or enter restricted areas. Lawful orders to stay behind a perimeter are valid even when you are recording.
6. Use cloud backup. Set your phone to automatically upload recordings to cloud storage so footage is preserved even if your device is confiscated.

What Officers Can and Cannot Do

Officers CANNOT:

• Order you to stop recording solely because you are recording
• Demand that you delete footage or photos
• Search the contents of your phone or camera without a warrant once it is in their possession, even if it was lawfully seized incident to an arrest (per the U.S. Supreme Court's ruling in Riley v. California, 573 U.S. 373 (2014))
• Arrest you solely for recording their activities in public
• Retaliate against you for exercising your recording rights

Officers CAN:

• Issue lawful orders for you to move back for safety reasons
• Establish a perimeter around an active crime scene or emergency
• Arrest you if your recording activity crosses the line into obstruction or interference
• Ask you to identify yourself during a lawful Terry stop if they have reasonable suspicion of criminal activity

If an Officer Tells You to Stop Recording

If a police officer tells you to stop recording:

1. Stay calm and polite. Do not argue aggressively or become confrontational.
2. Verbally assert your right. You can say something like: "Officer, I am exercising my First Amendment right to record. I am not interfering with your work."
3. Comply with other lawful orders. If told to move back, move back while continuing to record from a greater distance.
4. Do not resist if detained. If an officer detains or arrests you, do not physically resist. Assert your rights verbally and comply physically. Challenge the action in court, not on the street.
5. File a complaint afterward. Contact the police department's internal affairs division or the ACLU of Wisconsin to report the incident.

Wisconsin's One-Party Consent and Police Recording

Recording Conversations With Officers

Under Wis. Stat. 968.31, Wisconsin's one-party consent law, you can record any conversation you participate in with a police officer without informing them. This includes:

• Conversations during a traffic stop
• Discussions at your front door during a welfare check
• Phone calls to or from police departments
• Interviews at a police station (if you are a voluntary participant)

Recording Other People's Interactions With Police

As a bystander recording someone else's interaction with police in a public place, you are generally protected because there is no reasonable expectation of privacy in public. The First Amendment right to record covers bystander recording even when the one-party consent wiretapping statute does not directly apply.

Wisconsin Body Camera Laws

Wis. Stat. 165.87

Wisconsin enacted Wis. Stat. 165.87 to regulate the use of body cameras by law enforcement agencies. This statute does not mandate that agencies use body cameras, but it requires any agency that does use them to adopt a written policy. Required policy elements include:

• When officers must activate and deactivate cameras
• How recorded data is stored, retained, and destroyed
• Who can access the recordings and under what circumstances
• How the recordings interact with the Wisconsin Open Records Law
• Training requirements for officers who use body cameras

Retention and Public Access

Body camera recordings are generally subject to Wisconsin's Open Records Law (Wis. Stat. 19.31-19.39). However, law enforcement agencies may redact or withhold recordings in certain circumstances:

• Recordings that are part of an active investigation
• Recordings that contain personally identifiable information of crime victims
• Recordings made inside private residences (which may have privacy implications)
• Recordings involving minors

To request body camera footage, submit a written open records request to the law enforcement agency. The agency must respond within a reasonable time, and any denial must be accompanied by specific reasons.

Major Wisconsin Law Enforcement Body Camera Policies

Most major Wisconsin law enforcement agencies, including the Milwaukee Police Department, Madison Police Department, and Wisconsin State Patrol, have adopted body camera policies under Wis. Stat. 165.87. These policies generally require officers to activate cameras during:

• Traffic stops
• Arrests and detentions
• Searches
• Uses of force
• Interactions with the public during investigations

Dashcam and In-Car Camera Systems

Many Wisconsin law enforcement vehicles are equipped with dashcam systems that record video and audio during traffic stops and other encounters. These recordings are also subject to the Open Records Law. The audio component is generally permissible because the officer (as a party to the conversation) provides consent.

Recording in Courthouses and Jails

Courthouses

Recording inside Wisconsin courthouses is generally more restricted than recording on public streets. Individual courts may have rules prohibiting recording in courtrooms without the judge's permission. Under Wisconsin Supreme Court Rule 61.11, media organizations may request permission to record court proceedings, but members of the public do not have an automatic right to film inside courtrooms.

Public areas of courthouses, such as lobbies and hallways, may be subject to local rules that vary by county.

Jails and Detention Facilities

Recording inside jails and detention facilities is generally prohibited by facility rules. Visitors and inmates do not have a right to record inside these secure facilities. However, phone calls from jails are routinely recorded by the facility, and inmates are typically notified of this at the beginning of each call.

Filing Complaints for Recording Rights Violations

Internal Affairs Complaints

If a police officer violates your right to record, you can file a complaint with the officer's department. Most Wisconsin law enforcement agencies have an internal affairs division or a citizen complaint process. Include:

• The date, time, and location of the incident
• The officer's name or badge number if known
• A description of what happened
• Any witnesses
• Any evidence (such as your own recording of the encounter)

Civil Rights Lawsuits

If your recording rights are violated by a police officer, you may have grounds for a civil rights lawsuit under 42 U.S.C. 1983. This federal statute allows individuals to sue state actors (including police officers) who violate their constitutional rights. Potential claims include:

• First Amendment retaliation for exercising recording rights
• Fourth Amendment violation for unlawful seizure of your recording device
• Fourth Amendment violation for unlawful arrest based solely on recording activity

ACLU Resources

The ACLU of Wisconsin provides resources and legal assistance for individuals whose recording rights have been violated. They have published guidance on recording police activity and may take cases involving significant civil liberties violations.

More Wisconsin Recording Laws

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