Recording Law for Police & Civil Rights in New Mexico

New Mexico has no law stopping you from recording on-duty police officers during traffic stops, arrests, or other public encounters. The state’s wiretap statute only applies to phone calls and telegrams, not face-to-face conversations. In State v. Hogervorst, the New Mexico Court of Appeals ruled the wiretap law doesn’t cover in-person conversations recorded by a device worn by one of the parties. The federal 10th Circuit Court of Appeals, which covers New Mexico, has also ruled that the First Amendment protects the right to record police performing official duties in public. This means you can record police encounters in public spaces like streets, sidewalks, or parks without breaking New Mexico law.

New Mexico’s wiretap law, NMSA 1978, Section 30-12-1, makes it a misdemeanor to intercept communications sent by telegraph or telephone without consent. The law specifically prohibits tapping phone lines, reading messages intended for others, or interfering with telegraph or telephone systems. The statute includes an exception allowing interference where a person is acting under color of law in the investigation of a crime, where such person is a party to the communication, or one of the parties to the communication has given prior consent. But this exception only applies to phone calls or telegrams, not in-person conversations. Because the law only targets telegraph and telephone communications, it doesn’t restrict recording police officers during face-to-face encounters.

Recording video of police officers during public encounters is not restricted by New Mexico’s wiretap law. The statute only addresses audio interception of telegraph or telephone communications. Video recordings of police performing duties in public do not fall under this law. The only exception would be if you’re secretly filming someone in a place where they have a reasonable expectation of privacy, such as a restroom or changing room, under the voyeurism statute NMSA 1978 Section 30-9-20. Recording police in public spaces, including during traffic stops or arrests, is not covered by this restriction.

Recording police officers in private spaces like a home follows the same rule as public spaces under the wiretap statute. The law does not create a special exception or restriction for private locations. However, other laws might apply depending on the situation, such as trespassing if you enter a private area without permission or voyeurism laws if you secretly record someone in a private setting where they expect privacy. The wiretap statute itself does not impose additional requirements or restrictions based on location.

Imagine you’re pulled over by a police officer in Albuquerque. You start recording the interaction with your phone in plain view. The officer asks you to stop recording, but you continue. Under New Mexico law, you are legally allowed to record the encounter because it’s a face-to-face conversation, not a phone call. The wiretap statute does not apply to in-person conversations, and the federal 10th Circuit has ruled that the First Amendment protects your right to record police performing official duties in public. The officer may still issue a citation for the traffic violation.

Violating New Mexico’s wiretap statute by illegally intercepting a phone call or telegram is a misdemeanor offense. The statute includes an exception allowing interference where a person is acting under color of law in the investigation of a crime, where such person is a party to the communication, or one of the parties to the communication has given prior consent. However, recording police officers during face-to-face public encounters does not fall under this law. There is also a civil cause of action under NMSA 1978 Section 30-12-11 that allows people to sue for violations, with statutory damages, punitive damages, and attorney fees.