Independent reporting by Morgan Hale

Recording Laws in California

Audio consent rule
All-party (two-party) consent
Cal. Penal Code § 632
Recording police in public
Protected by Federal Circuit ruling
9th Circuit — Fordyce v. City of Seattle (1995)

California requires all-party consent for confidential conversations. However, audio in a public place where parties have no reasonable expectation of privacy (including most police encounters) is generally allowed.

Watch-outs:
  • If you record an officer in a private setting (inside their car with the door closed, a private home), § 632 may apply.
  • Penal Code § 633.5 explicitly permits recording when capturing evidence of a felony.

Practical guidance

  • Record openly. Hidden recording loses First Amendment protection in nearly every state — visible cameras and phones do not.
  • Stay at a reasonable distance. Officers can lawfully cite obstruction or interference statutes if they believe you are too close — the safest distance varies but 8–25 feet is the threshold in several recent state laws.
  • Stay on public property (sidewalks, streets, parks). Trespass laws apply even when recording is otherwise protected.
  • Do not interfere — comply with lawful orders unrelated to the recording itself.
  • Save and back up footage off-device as soon as practical (cloud upload, hand-off to a witness).

If your right to record is challenged

  1. State calmly: "I am recording in a public place. I am not interfering."
  2. Cite the relevant authority. For California, that is Fordyce v. City of Seattle (1995).
  3. If detained, ask whether you are free to leave and what you are being detained for.
  4. Request a supervisor.
  5. Submit a complaint and file a FOIA request afterward — see our FOIA letter generator.

Sources & further reading

Disclaimer: This page is a reference for journalists and the public. It is not legal advice. State statutes and Circuit interpretations change. Consult a licensed attorney before relying on any rule in a specific case.

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