Arizona is a one-party consent state, making it legal to record people in public spaces. But is that same right applied to to law enforcement?
Typically law enforcement should have their body cameras for evidence during a police investigation and as a check that officers are acting within their right as law enforcement.
However, many people want their own evidence of interactions, so they record law enforcement for their insurance and those around them.
Recordings from both parties, law enforcement and citizens, have served as objective evidence in other states when two different stories were told about a police interaction. Is it allowed in Arizona?
Is it illegal to record the police in Arizona?
No, it is not illegal. Whether you are the one interacting with law enforcement or you are a bystander,
it's within your rights to record these interactions.
However, this wasn't always the case in Arizona. In 2022, a law passed that made it illegal to record law enforcement within 8 feet of the interaction. Recording within 8 feet of law enforcement after being asked to stop would then result in a Class 3 misdemeanor.
The bill's sponsor, Republican Rep. John Kavanagh, reasoned that the bill was to protect law enforcement from people with bad intentions or poor judgment, but many civil rights groups felt that the law unconstitutionally restricted First Amendment rights. Federal courts agreed, blocking the law in 2023.
Now there are no restrictions on how close someone can be to record law enforcement as long as they are not interfering with an active investigation.
"As with any police encounter, officers may give lawful directions when necessary to maintain safety, secure a scene, preserve evidence, or prevent someone from physically interfering with an investigation or enforcement action," Mesa police Detective Jose Aguirre wrote in a statement. "The Mesa Police Department recognizes the public's ability to document police activity while also balancing the need for officers to safely perform their duties."
Interfering with a police investigation can result in a Class 5 or Class 3 felony, which can result in a prison sentence.
This article originally appeared on Arizona Republic: Is it illegal to record the police in Arizona? What the law says
