Your Right to Record the Police in Georgia: What the First Amendment Really Protects
In an era of increasing public scrutiny over police behavior, the act of recording law enforcement officers has become not only common but essential. In Georgia, as in much of the United States, your right to record government officials—including police officers—while they are performing their duties in public is protected by the First Amendment of the U.S. Constitution. Whether you are an uninvolved bystander or the subject of a police encounter, understanding your rights is crucial to protecting both yourself and the transparency of government actions.
The First Amendment guarantees the right to free speech, a free press, and the right to petition the government for redress of grievances. Courts, including the Eleventh Circuit Court of Appeals (which governs Georgia), have interpreted these protections to include the right of individuals to record public officials in public places. The Eleventh Circuit has expressly recognized a citizen’s right to record police officers performing their official duties in public, stating that such recording promotes accountability and is consistent with the core purposes of the First Amendment.
In Georgia, this means that if you witness a police-citizen encounter in a public space—like a sidewalk, park, or street—you have the constitutional right to film the interaction, as long as you are not physically interfering with law enforcement duties. Police may not confiscate your recording device, delete your footage, or otherwise retaliate against you simply for documenting their actions. This is true even if they find the recording inconvenient or unwelcome.
The right to record also applies when you are the individual involved in the police encounter. For example, if you are pulled over during a traffic stop or questioned on the street, you are allowed to use your phone or another device to record the interaction. This recording can serve as valuable evidence in the event of misconduct, confusion, or dispute over what was said or done.
However, the right to record is not without limits. Courts have held that while you have a constitutional right to document police, that right is subject to reasonable time, place, and manner restrictions. This means you cannot interfere with an officer’s ability to do their job. For instance, standing too close, refusing to follow lawful orders, or inserting yourself into an active investigation may result in obstruction charges, even if your intent is only to record.
If you are told by a law enforcement officer to stop recording, the appropriate response depends on the circumstances. If your recording is being done from a safe distance and without disruption, you are not legally required to comply with such an order. However, refusing to follow a direct police command—even an unlawful one—can escalate the situation, so it’s often safest to continue recording while clearly stating that you are exercising your constitutional rights and are not interfering. Remain calm and respectful; assert your rights without escalating tension. If the officer insists or threatens arrest, it’s generally best to comply in the moment and seek legal redress later.
Importantly, Georgia is a one-party consent state when it comes to audio recording under O.C.G.A. § 16-11-62. This means that as long as one party to the conversation (which can be you) consents to the recording, it is legal to record audio—even if the other party is unaware. This applies to recording your own interaction with police but does not extend to secretly recording conversations where you are not present or a party to the discussion.
There are some boundaries to be mindful of. Georgia law prohibits surreptitious recording inside private places where there is an expectation of privacy, such as homes or restrooms. But public spaces—including sidewalks, parks, or areas where the public has access—are fair game for recording, even when law enforcement officers are involved.
The Atlanta Police Department, like several other Georgia jurisdictions, has internal policies that affirm the public’s right to record officers, provided it does not interfere with official duties. These policies are increasingly being adopted across the state, acknowledging that citizen recordings have become vital tools in ensuring police accountability.
Recording officers serves a vital democratic function. It helps preserve an accurate record of public interactions, can deter misconduct, and supports the integrity of the legal process. Knowing your rights—and exercising them responsibly—contributes to a more transparent and just society. If you were arrested for recording law enforcement in a public space, contact a criminal defense attorney who can help you assess the legality of your actions and defend your constitutional rights.
In Georgia, your phone can be a powerful tool for justice. The law protects your right to use it—wisely and lawfully.