Recording police interactions can help you protect your rights during an arrest, search or traffic stop. In Florida, the law allows people to record law enforcement, but only if you follow certain rules.
Understanding these rules can help you avoid criminal charges while still gathering important evidence.
Florida’s video recording laws
Florida is a “two-party consent” state. This means both people in a conversation must agree to a recording if the conversation is private. However, courts in Florida have ruled that people may record public interactions with police, as long as the officer has no reasonable expectation of privacy. This usually includes traffic stops, searches, arrests and other interactions in public spaces.
People must make the recording obvious. This means holding the phone or recording device in plain view. Secret recordings or hidden devices can lead to wiretapping charges. Even if someone believes the recording protects their rights, using a hidden camera can still lead to criminal charges in Florida.
Avoid interfering with law enforcement
The law states that civilians must not interfere with law enforcement duties. Standing too close, refusing to follow orders or using the recording device to distract officers can lead to obstruction charges. Always stay calm and remain at a safe distance. Speak clearly if asked what the device is for. Clearly recording from a safe distance while remaining polite can help avoid escalation.
If an officer asks someone to stop recording, the person can politely explain that Florida law permits public recording when the officer has no expectation of privacy. However, arguing or resisting could increase the risk of arrest. Stay respectful and continue recording if it remains legal and safe.
Police cannot force people to delete recordings or take their phones without a warrant. If an officer seizes a phone, it may violate the person’s rights. After the interaction ends, it helps to save the footage somewhere secure. The key is to make the recording visible, avoid private conversations and not interfere with police duties.
