Is Filming Police Officers Legal in Maryland After the 2026 Law Changes?

Yes, filming police officers in Maryland is generally legal under the First Amendment, provided the activity does not interfere with law enforcement operations or violate other laws. Maryland’s courts and the U.S. Supreme Court have affirmed that recording police in public spaces is protected speech. However, obstruction or harassment during filming may lead to legal consequences.


Key Regulations for Filming Police Officers in Maryland

  • Public Spaces Rule: Recording police in public areas (e.g., streets, sidewalks) is permitted, as there is no reasonable expectation of privacy. The Maryland Court of Appeals has upheld this in McKee v. State (2019), reinforcing First Amendment protections.

  • Interference Prohibition: Maryland’s Obstruction of Justice statute (§ 9-303, Criminal Law Code) prohibits actions that impede police duties. Filming from a safe distance without disrupting arrests or investigations avoids liability.

  • Audio Recording Restrictions: Maryland is a “two-party consent” state (Cts. & Jud. Proc. § 10-402). Recording audio of police conversations without consent may violate wiretapping laws, even in public. Video-only recordings are unrestricted.


Local Compliance Note: The Baltimore City Police Department’s 2024 policy directive aligns with state law, permitting filming but authorizing officers to establish “safety perimeters” if necessary. The Maryland Police Training and Standards Commission is reviewing 2026 updates to clarify “interference” standards for bystanders.