Yes, filming police officers in Idaho is generally legal under the First Amendment, provided it does not interfere with their duties or violate privacy laws. Idaho Code § 18-7023 prohibits obstruction of law enforcement, but passive recording in public spaces is permissible. The Idaho State Police and local agencies have not issued formal policies restricting civilian recordings, though officers may intervene if filming disrupts operations.
Key Regulations for Filming Police Officers in Idaho
- First Amendment Protection: Recording police in public is constitutionally protected, as affirmed by Glik v. Cunniffe (2011). Idaho courts have not deviated from this precedent, though officers may demand compliance with lawful orders unrelated to filming itself.
- Interference Prohibition: Idaho Code § 18-7023 criminalizes obstructing or resisting officers. Filming that escalates into confrontation (e.g., blocking access, shouting) risks charges, even if the recording itself is lawful.
- Privacy Limitations: Recording in private spaces (e.g., inside homes without consent) violates Idaho’s wiretapping laws (Idaho Code § 18-6702). Police stations’ restricted areas may also prohibit recording under facility rules, though these are not state-enforced.
Local agencies, including the Boise Police Department, have not adopted formal policies beyond state law, but officers may cite “interference” if filming disrupts active investigations. A 2024 Idaho Supreme Court ruling (State v. Doe) reinforced that mere recording does not constitute obstruction unless it directly hinders police action. Always maintain a safe distance and avoid physical interference to mitigate legal risks.