Recording Law for Police & Civil Rights in New York

New York is a one-party consent state. That means you can legally record any conversation you are part of without telling the other person. The law is in Penal Law §250.00, which separately defines three covered offenses: wiretapping of telephone/telegraphic calls under §250.00(1), mechanical overhearing of in-person conversations under §250.00(2), and interception or accessing of electronic communications under §250.00(6). Because a participant present at a conversation is outside the scope of these provisions, you can record your own conversations at home, on the street, or anywhere else without notice or consent. This rule applies whether you are talking to a police officer during a traffic stop or public encounter or to any other person.

New York’s wiretapping law targets interception of communications, not video. Penal Law §250.00(1) covers telephone calls and telegraphic communications, §250.00(2) covers in-person conversations, and §250.00(6) covers interception or accessing of electronic communications. None of these sections restrict silent video recording of a scene you are filming yourself in public. A narrow edge case exists: if smartglasses silently intercepted someone else’s already-existing electronic video transmission (for example, a live video call), §250.00(6) could apply even without audio, but this is distinct from a wearer’s own ambient camera capture. The state’s “unlawful surveillance” crimes (Penal Law §§250.40–250.65) only apply to surreptitious recording of someone undressing or in private spaces. Recording police with your phone or camera in public does not violate these laws.

New York’s “Right to Monitor Act,” Civil Rights Law §79-p, was signed June 14, 2020 and took effect July 14, 2020 (30 days after signing). It says you have the right to record law enforcement activity in public and keep control of the recording. The law also creates a civil action for unlawful interference, including damages, declaratory and injunctive relief, and attorney’s fees. A parallel city rule, N.Y.C. Admin. Code §14-189, does the same for New York City. These laws do not require you to notify or get consent from officers before recording.

On June 23, 2026 the New York Court of Appeals decided Reyes v. City of New York, 2026 NY Slip Op 03914 (Docket No. 59, 7-0 per Judge Rivera), holding that neither Civil Rights Law §79-p nor Admin. Code §14-189 protects recording law-enforcement activity inside a police stationhouse, including its publicly accessible lobby. The decision is narrow and does not affect recording officers performing duties on an ordinary public street, where §79-p’s core protection appears unaffected. Note: the holding is flagged as medium confidence pending primary-opinion verification.

Recording police is protected if it happens outdoors or in a public space where officers are performing duties. It is not protected inside a police station, lobby, or other controlled-access area. The line between protected and unprotected recording depends on the location and whether the officer is acting in public. If you physically interfere with police work or obstruct an investigation, you can still face penalties regardless of location.

Say you are pulled over on a city street and the officer is writing a ticket. You start recording the exchange with your phone. The officer does not give permission, but you are legally allowed to record because you are a participant present at the conversation and the stop is in public. Penal Law §250.00(2) governs in-person conversations, and Civil Rights Law §79-p protects recording law enforcement activity in public. If the officer tries to delete your video or orders you to stop, that could violate Civil Rights Law §79-p. But if you walk into the precinct lobby to continue recording, the protections no longer apply under the Reyes decision.