Can NC police legally tell you to stop recording them? What the law says

In recent years, one of the best tools North Carolina residents have had to protect themselves during police encounters has been smartphones.

Recording police “can serve as a powerful deterrent for law enforcement officers,” according to Colorado-based Viorst Law Offices.

“The fear of being exposed and held accountable can make officers think twice before engaging in abusive behavior,” the law firm says. “When officers know that their actions are being documented, they are more likely to adhere to proper protocols and act within the bounds of the law.”

But can North Carolina law enforcement officers ask you to stop recording them? And if they do, do you have to listen?

Here’s what to know.

Can NC police legally tell you to stop recording them?

Yes, if you’re getting in the way of police work, Keisha Williams, the director of communications at American Civil Liberties Union of North Carolina (ACLU), told The Charlotte Observer.

“You cannot interfere with police operations, so they can ask you to stop,” said Williams.

But if you’re not interfering with police work or filming in a restricted area, such as a restroom, the First Amendment protects your right to record law enforcement, Williams said, adding that those who choose to film law enforcement should keep a safe distance while doing so.

What is the penalty for interfering with police work?

Interfering with law enforcement is considered obstruction of justice, which is a misdemeanor in most cases, according to state law.

Those found guilty of misdemeanor obstruction of justice could face up to 120 days in jail, while those convicted of felony obstruction of justice could serve up to 59 months in prison, according to Browning & Long, a law firm based in Charlotte.

Can the police take your phone for recording?

Not in most cases. Police taking your phone would be a violation of the Fourth Amendment, which protects against illegal searches and seizures, according to Scharf Law Firm based in Raleigh. But they can take it if they have a warrant.

According to the firm, here’s what you should do if police ask to see your phone:

• Stay calm and respectful, and don’t resist or argue.

• Ask if you’re free to leave. If they say no and lack reasonable suspicion, they may be unlawfully detaining you.

• If you’re being detained, calmly state that you have the right to take photos and videos in public spaces.

“In most situations, an officer is likely trying to intimidate you and stop you from collecting or disseminating any information regarding their activity,” the firm says. “However, if you make it clear that you know your protected constitutional rights and won’t be easily intimidated, they will most likely back down.”

This story was originally published July 2, 2025 at 4:18 PM with the headline "Can NC police legally tell you to stop recording them? What the law says."

Evan Moore

The Charlotte Observer

Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.