What states can you not record without consent?
Asked by: Thomas Marvin | Last update: February 19, 2026Score: 4.1/5 (61 votes)
California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. *States with nuanced or situational consent laws depending on the situation; check local statutes before recording.
In what states is it illegal to record without consent?
About 11 states primarily have all-party consent requirements for recording. These states are California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan (at least for recordings made by a third party who is not involved in the conversation), Montana, New Hampshire, Pennsylvania and Washington.
What states don't allow recording?
As of 2024, 11 states use all-party consent for phone calls. These two-party consent states are California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. That means you can't record unless everyone on the call has been told and agrees.
Do you have to tell someone if you are recording?
In 38 states and Washington, D.C., federal law rules. One-party consent means that as long as one person involved in the conversation — including the person who records — consents, it's legal to record. In other words, if you're a part of the conversation, you don't need to inform the other party.
Is videoing someone without consent illegal?
California is a “two-party consent" state, which means all parties must agree to the recording. It is generally illegal to record someone without their consent. If a recording is made without the other person's consent, it may not be admissible as evidence in court.
My audio recording might be questionably legal. Can it still be used as evidence?
Can I sue someone for voice recording me without my permission?
Yes, you may be able to sue someone for recording you without your permission, especially if the recording happened in a private setting where you had a reasonable expectation of privacy. Whether the recording was legal depends on factors like consent laws, the nature of the conversation, and how the recording is used.
Are police allowed to tell you to stop recording?
In California, it is entirely legal to record police interactions. This is because it is protected under your First Amendment Constitutional Rights. Though this does not explicitly state that the right to record is protected, filming the police falls under the right to free speech and press.
What do I do if someone is recording me without my permission?
Recording in public is usually legal. But if it happened in a private place or without required consent in your state, it may be illegal. You could sue in some cases, like if you were stalked, recorded at home, or in a doctor's office. Talk to a lawyer to know your rights.
In what states can you not record police?
It's generally legal to record police in public due to the First Amendment, but some states have "all-party consent" wiretapping laws (like Pennsylvania, Illinois) that can complicate audio recording without consent, while also creating "police buffer zones" (like Louisiana, Indiana, Florida) that restrict proximity, though these are often challenged. The key is that recording is protected as long as it's done openly in public and doesn't interfere with the officer's duties, but officers might still order you to stop, leading to charges like disorderly conduct if you resist.
Do cops have to tell you you are being recorded?
Yes, “officers should inform individuals they are being recorded unless doing so would be unsafe, impractical or impact the investigation of criminal activity.” Assigned officers in units that primarily interact with citizens and/or carry out enforcement related activities (e.g. Patrol, SWAT, K-9 etc.)
Where can you not record in public?
Once you leave your private property, you should not be expecting full privacy. Thus, recording in appropriate settings when in public is permitted. However, even in public, there are certain places with expected levels of privacy where recording is not allowed, such as bathrooms and dressing rooms.
Is it illegal to record a conversation without asking?
It is against the law to record a telephone communication or a communication made by a person other than a sender or receiver, without the consent of either the sender or receiver. For civil cases, however, it is not a one-party consent state. There are also different rules for in-person recording vs.
Can I be recorded without my permission at work?
Recording a private conversation in California is illegal and it cannot be used as evidence of harassment or discrimination. Not only that, but employees can be fired for recording private conversations without consent, even if the recording proves harassment or discrimination.
Can I record a conversation if I feel threatened?
The key legal reference is California Penal Code Section 632. If you feel threatened or witness a crime, recording can be evidence but must comply with consent rules.
What states can you record without permission?
California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. *States with nuanced or situational consent laws depending on the situation; check local statutes before recording.
Can you flick off a cop in Florida?
According to the First Amendment, you have the right to express yourself, including your frustration, so long as it doesn't harm another person. But does that right extend to flipping off a cop? It isn't against the law to give a police officer the middle finger.
What states can cops not chase?
There isn't a single "no-chase law" across all states; instead, laws and policies vary, with many jurisdictions restricting police pursuits to serious, violent felonies due to public safety concerns, while some areas like Atlanta have strict "zero-chase" policies, relying on tracking and warrants for less severe crimes. Key examples include Michigan's restrictions to violent felonies and DC's law requiring pursuit only if death or serious injury is unlikely, though even these have nuances and are debated.
Can I sue someone for videoing me without my permission?
If You Had a Reasonable Expectation of Privacy
If someone records you in a private setting without your consent, you may have grounds to sue them for invasion of privacy. Many states have specific laws prohibiting the recording of people in these private spaces.
Can you record freely?
Crucially, Freely doesn't let you record anything. Even if you connect an aerial to a Freely TV, you still can't record your favourite telly.
How do police violate the 4th Amendment?
Police violate the Fourth Amendment by conducting unreasonable searches and seizures, meaning they search your person, home, car, or belongings, or detain you without a warrant or sufficient legal justification like probable cause or reasonable suspicion. Common violations include searching without probable cause, making stops or arrests without reasonable suspicion, using excessive force during a seizure, or extending a traffic stop without justification.
What to say when a cop asks "Do you know why I pulled you over?"?
When a cop asks, "Do you know why I pulled you over?", the best response is a simple, polite "No, officer" or "I'm not sure, officer," as it prevents you from accidentally admitting guilt to a potential violation you might not even know about, and you are not legally required to answer questions beyond providing your license, registration, and insurance. Stay calm, be courteous, avoid arguments, and wait for the officer to state the reason for the stop.
In what state can't you film police?
Is it illegal to record police in California? No. California's one-party consent law allows you to record officers performing public duties. They cannot claim privacy while working in public.
Can I get in trouble for recording?
The U.S. government and states all have their own laws governing the legality of secretly recording oral, telephonic, and other communications. Generally, these laws prohibit recording a conversation unless at least one party consents. Some states require all parties to consent.
What to do if someone secretly records you?
File a Lawsuit
Penalties for illegally recording someone can include fines and even jail time in some jurisdictions. You could potentially seek damages in the form of monetary compensation through a civil lawsuit if your privacy rights were violated.
Can someone record me without my consent in my own home?
California. California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording. Without permission, an individual can face imprisonment and fines.