Is Filming Police Officers Legal in Colorado After the 2026 Regulatory Updates?

Yes, filming police officers in Colorado is generally legal under the First Amendment, provided the activity does not interfere with law enforcement operations. Colorado’s open-recording laws align with federal precedents, permitting bystanders to document police in public spaces without prior consent. However, local ordinances, such as Denver’s 2023 Public Safety Accountability Ordinance, impose additional transparency requirements for officers interacting with the public.

Key Regulations for Filming Police Officers in Colorado

  • Public Space Filming: Recording police in public areas (e.g., streets, parks) is permitted, but obstructing officers’ duties—such as blocking access or creating a safety hazard—violates Colorado Revised Statutes § 18-9-109 (obstruction).
  • Audio Recording Restrictions: Colorado is a “two-party consent” state (C.R.S. § 18-9-304). Filming without consent is legal, but recording audio requires all parties’ permission unless in a public space where no reasonable expectation of privacy exists.
  • Local Agency Policies: Denver Police Department’s 2024 directive mandates officers allow filming during stops but permits confiscation of devices if probable cause exists for criminal activity unrelated to the recording itself.

Violations of these rules may trigger civil claims under 42 U.S.C. § 1983 for First Amendment retaliation or state tort claims for interference. The Colorado Attorney General’s 2025 guidance clarifies that officers cannot delete footage or demand deletion unless it constitutes evidence in an active investigation. Always verify real-time updates from the Colorado Department of Public Safety, as municipal policies may evolve.