You Need to Know: Can You Be Arrested for Filming Police in Arizona?

These days, everyone has a video camera right in their pocket. There's no shortage of videos that show individuals filming someone—often an angry man or woman—who is yelling about some perceived or actual injustice.

Tangled into this footage are encounters with law enforcement. Many of these videos take place during traffic stop or or something similar. Many people assume that if an officer behaves "out of line," this video evidence will help exonerate the defendant.

So, is it legal to film law enforcement officers under these circumstances in Arizona? The topic has come under legal scrutiny, but until a few years ago, the answer was not clear.

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Is It Illegal to Film Law Enforcement in Arizona?

In 2022, Governor Doug Ducey signed HB 2319 into law. This controversial legislation created new restrictions on citizens' rights to film police officers.

The law said that you could not knowingly film police from a distance of 8 feet or less unless the person filming got permission from the officer.

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The rule applied to both public and private property. An officer could stop filming simply by citing interference or safety concerns.

The Arizona Law is Overturned

Violating the eight-foot filming law was considered a misdemeanor and could ultimately result in fines or jail time.

However, the law was challenged, and in July 2023, a U.S. District Court Judge struck it down. The judge cited an infringement on the clearly established rights of citizens, rendering the law unenforceable.

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The law violated the First Amendment of the U.S. Constitution, which guarantees freedom of expression. Courts have ruled that this includes the right to record law enforcement officers while they are performing their duties in public spaces.

Filming a police officer during the execution of their duties is permissible as long as a private citizen remains respectful. It is courteous to inform the officer that you are recording and to maintain a safe distance, but it is no longer legally required.

So yes, it is legal in Arizona to capture videos of law enforcement during a traffic stop.

Sources: History.com | AZLeg.gov | Reason.com | Wikipedia