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

In recent years, smartphones have been an important tool for civilians when they are pulled over by police.

“These recordings can serve as a powerful tool to hold law enforcement accountable for their actions and help ensure transparency in police encounters,” Colorado-based Viorst Law Offices wrote online.

But can North Carolina police tell you not to record? If they do, do you have to listen?

Here’s what to know.

Can North Carolina police tell you to stop recording them?

Yes, if you are getting in the way of police work, according to the North Carolina branch of the American Civil Liberties Union.

“In North Carolina, people have a First Amendment right to record law enforcement while they are carrying out their official duties in public spaces, which includes most streets and parks,” ACLU Staff Attorney Ivy Johnson said via email to The Charlotte Observer on Thursday, July 9.

Can the police take your phone for recording?

“Unless you are under arrest, law enforcement must have a warrant before they can confiscate your recording device or view or listen to its contents. It is important to note, however, that this right to record does not extend to interference,” Johnson wrote.

While you have the right to record under the first amendment, civil disobedience and the violation of other laws — like using a device while driving — are not protected.

What is the penalty for interfering with police work?

Law enforcement can order you to move a reasonable distance away to avoid interference, but they can’t tell you not to record, Johnson wrote.

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

Those found guilty of obstruction can serve up to 120 days in jail, according to Browning & Long, a Charlotte based law firm. Felony obstruction of justice can be up to 59 months in prison.

Can the police take your phone for recording?

Not in most cases. It would be a violation of the Fourth Amendment, which protects against illegal searches and seizures, according to Scharf Law Firm in Raleigh. But they can take it with a warrant.

If police ask for your phone, Scharf recommends:

• Stay calm and respectful. Don’t resist or argue.
• Ask if you’re free to leave. If they say no and lack reasonable suspicion, they may be detaining you unlawfully.
• If you’re being detained, calmly state you have the right to take photos and videos in public spaces.

This story was originally published July 11, 2026 at 6:00 AM.

Eva Flowe

The Charlotte Observer

Eva Flowe is a North Carolina native and a graduate of the University of South Carolina. She joined the Charlotte Observer as part of the NC service journalism team in April 2026.