Yes, filming police officers in New Hampshire is generally legal under the First Amendment, provided the activity does not interfere with law enforcement operations. The New Hampshire Supreme Court has affirmed this right in State v. Goss (2016), reinforcing that bystanders may record police in public spaces. However, obstruction or harassment during filming may lead to charges under RSA 644:1, and local ordinances, such as those in Manchester or Portsmouth, may impose additional permitting requirements for commercial filming.
Key Regulations for Filming Police Officers in New Hampshire
- First Amendment Protections: Recording police in public is constitutionally protected, but officers may lawfully order individuals to move back if their presence obstructs an investigation or endangers public safety (RSA 644:1).
- Interference Prohibitions: Filming that blocks police from performing duties, such as crowd control or evidence preservation, may result in charges of disorderly conduct (RSA 644:2) or obstruction (RSA 644:1).
- Local Permitting for Commercial Use: Cities like Manchester and Portsmouth require permits for professional filming in public spaces, including police interactions, under municipal ordinances effective as of 2024, with updated 2026 compliance guidelines pending state review.
Agencies such as the New Hampshire Department of Safety and the American Civil Liberties Union of New Hampshire have issued advisories clarifying that passive recording is permissible, but aggressive tactics—such as shining lights, using drones without FAA compliance, or refusing lawful orders—violate state statutes. Civil penalties may apply if filming leads to privacy violations under RSA 507-B.