Wyoming Laws on Recording Police: Your Rights and Limits
Recording police officers in Wyoming is protected by both the First Amendment to the U.S. Constitution and the state's one-party consent wiretapping law. The Tenth Circuit Court of Appeals, which includes Wyoming, has recognized the First Amendment right to record police performing their duties in public. Under Wyo. Stat. Ann. Section 7-3-702, you can also record any conversation you participate in, including interactions with law enforcement.
This guide covers every aspect of recording police in Wyoming, including constitutional rights, practical guidelines, what officers can and cannot do, body camera laws, recording in specific contexts, and legal remedies if your rights are violated.
Your Constitutional Right to Record Police
The First Amendment Foundation
The right to record police officers performing their duties in public is grounded in the First Amendment. The U.S. Court of Appeals for the Tenth Circuit, which covers Wyoming, has affirmed that there is a First Amendment right to film police performing their duties in public spaces.
This right extends to all members of the public, not just journalists. The U.S. Department of Justice has also taken the position that recording police is protected by the First Amendment.
What You Can Record
In Wyoming, you can generally record:
- Traffic stops (including your own)
- Arrests happening in public spaces
- Police interactions with other citizens on public streets
- Officers directing traffic or responding to incidents
- Police presence at protests, demonstrations, and public events
- Your own interactions with officers during questioning
- DUI checkpoints and roadblocks
- Police use of force incidents
- Wildlife enforcement actions on public land
Where You Can Record
| Location | Can You Record Police? | Notes |
|---|---|---|
| Public streets and sidewalks | Yes | Core First Amendment protected space |
| Parks and plazas | Yes | Traditional public forums |
| Government buildings (public areas) | Yes | Open areas accessible to the public |
| Your own property | Yes | Strong property rights support recording |
| Inside your vehicle during a traffic stop | Yes | You are a participant |
| National parks and public lands | Yes | Subject to park-specific rules |
| Inside a police station (public areas) | Generally yes | Lobby and public-facing areas |
| Crime scenes behind police tape | No | Officers can restrict access for safety |
Your Rights During a Police Encounter
What Officers Cannot Do
Law enforcement officers in Wyoming generally cannot:
- Order you to stop recording in a public place if you are not interfering with duties
- Confiscate your recording device without a warrant (except in very limited circumstances)
- Delete your recordings or force you to delete them
- Arrest you solely for recording them in a public space
- Retaliate against you for exercising your recording rights
- Demand your password or force you to unlock your device
The U.S. Supreme Court held in Riley v. California (2014) that police generally need a warrant to search cell phones, including photos and videos.
What Officers Can Do
Officers have legitimate authority to:
- Ask you to move back to a safe distance
- Establish a perimeter around a crime scene or dangerous situation
- Issue lawful orders related to public safety
- Detain you briefly if they have reasonable suspicion of criminal activity
- Arrest you if you physically interfere with operations or commit another offense
How to Exercise Your Rights Safely
- Maintain a safe distance. 10 to 25 feet is generally reasonable.
- Do not physically interfere. Never step between an officer and a subject.
- Stay calm and respectful. Assert your rights politely.
- Comply with safety orders. Move back if directed, continue recording from greater distance.
- Do not resist if arrested. Assert your rights later through legal channels.
- Know your device. Learn how to quickly start recording. Consider live-streaming apps so footage is preserved if your device is seized.
Wyoming's One-Party Consent and Police Recording
Recording Your Own Police Interactions
Under Wyo. Stat. Ann. Section 7-3-702, you can record any interaction with police where you are a participant:
- Traffic stops where you are the driver or passenger
- Questioning by officers at your home or in public
- Encounters at DUI checkpoints
- Interviews at a police station
- Interactions with officers serving warrants or conducting searches
Recording Police Interactions with Others
When recording police interactions with third parties from a distance, the First Amendment provides your primary legal protection. Conversations occurring in public where there is no reasonable expectation of privacy are generally not protected "oral communications" under the wiretapping statute.
The Criminal or Tortious Purpose Exception
Even when recording police, you cannot record for the purpose of blackmail, witness intimidation, interfering with investigations for corrupt purposes, or facilitating criminal activity. Recording to document conduct, protect your rights, or serve as a witness is always lawful.
Police Body Cameras in Wyoming
Current Body Camera Requirements
Wyoming does not have a comprehensive statewide body camera mandate. Law enforcement agencies across the state adopt body-worn camera programs individually. The Wyoming Division of Criminal Investigation (DCI) provides guidance but does not impose statewide requirements.
Agencies with body cameras typically establish policies covering when officers must activate cameras, when they may deactivate them, footage retention periods, access and review procedures, and disciplinary consequences for policy violations.
Accessing Police Body Camera Footage
Wyoming's Public Records Act (Wyo. Stat. Ann. Section 16-4-201 et seq.) provides the framework for accessing government records, including body camera footage. Access may be limited by active investigation exemptions, privacy concerns, medical and juvenile protections, court orders, and ongoing litigation.
To request footage, submit a written public records request to the relevant law enforcement agency.
Dashboard Camera Footage
Many Wyoming law enforcement vehicles are equipped with dashboard cameras. This footage is subject to the same public records request process. Dashboard camera footage often captures traffic stops, vehicle pursuits, roadside interactions, and DUI investigations.
Recording in Specific Law Enforcement Contexts
During a Traffic Stop
You can record during a traffic stop in Wyoming:
- Mount your phone on your dashboard or have a passenger record
- Inform the officer of reaching movements before making them
- Keep your hands visible
- The officer may ask about the recording but cannot order you to stop
- Continue recording until the encounter is fully concluded
During a Search
You can record searches of your home, vehicle, or person to document whether officers exceeded the scope of the warrant, the condition of your property, what items were seized, and whether proper procedures were followed.
At a Protest or Demonstration
Wyoming residents have the right to record police at protests. Stay behind barriers if established, record from a safe distance, and do not use the recording device in a way that could be perceived as a weapon.
During an Arrest
You can record your own arrest or another person's arrest in public. If you are being arrested, you may not be able to continue holding a device. Live streaming preserves footage. Your device may be seized incident to arrest, but contents still require a warrant.
On Public Lands
Wyoming has vast federal and state public lands. Recording law enforcement officers (including Bureau of Land Management (BLM) rangers, U.S. Forest Service officers, and Wyoming Game and Fish wardens) performing duties on public land follows the same principles. You can record these interactions from a reasonable distance without interfering.
Obstruction and Interference Laws
Wyo. Stat. Ann. Section 6-5-204: Interference with a Peace Officer
Wyo. Stat. Ann. Section 6-5-204 makes it a misdemeanor to knowingly obstruct, impede, or interfere with a peace officer in the lawful performance of official duties. Recording police, by itself, does not constitute interference. However, certain behaviors while recording could cross the line:
- Physically blocking an officer's path
- Shouting in a way that prevents officers from communicating
- Refusing to move back when ordered for legitimate safety reasons
- Attempting to free someone from custody
- Providing false information during an investigation
The penalty for interference is a misdemeanor with up to 1 year in jail and/or a fine of up to $1,000.
What Constitutes "Interference"
Courts evaluate interference on a case-by-case basis. Simply standing nearby and recording is not interference. Factors include physical proximity, whether the recorder's actions diverted officer attention, whether lawful orders were obeyed, whether a safety hazard was created, and the overall context.
If Your Rights Are Violated
What to Do Immediately
- Stay calm. Do not argue or physically resist.
- Clearly state your rights. "I have a legal right to record in this public place."
- Comply with orders under protest. "I am stopping under protest. I do not consent."
- Note badge numbers and identifying information.
- Write down everything as soon as possible.
- Preserve any footage captured before the interruption.
Legal Remedies
- 42 U.S.C. Section 1983 civil rights lawsuit for First Amendment violations
- Internal affairs complaint with the officer's department
- Complaint to the U.S. DOJ Civil Rights Division
- State tort claims for false arrest, assault, or property seizure
- Public records request for body and dashboard camera footage
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