You have the right to record
The Fifth Circuit, the federal appeals court that covers Texas, held in 2017 that "a First Amendment right to record the police does exist," subject only to reasonable time, place and manner restrictions. Those restrictions must be narrowly tailored to serve a significant government interest. Turner v. Driver, 848 F.3d 678 (5th Cir. 2017). Later Fifth Circuit decisions have applied the same rule.
Filming is legal. Hindering is not.
In Buehler v. Dear, 27 F.4th 969 (5th Cir. 2022), the court drew the line between filming the police, which is protected, and interfering with their duties, which is not. Refusing repeated warnings to step back while filming gave officers probable cause to arrest for interference. In Bailey v. Ramos, 125 F.4th 667 (5th Cir. 2025), the officer won qualified immunity because he could reasonably believe the man filming had not obeyed an order to stand back from an active crime scene, even though that point was disputed.
- Keep a reasonable distance and do not touch officers or their equipment.
- If an officer orders you to move back, comply, keep recording from the new spot, and challenge the order later.
- Do not step between officers and the person they are dealing with.
Interference with public duties
The charge most often used against people filming is interference with public duties, Texas Penal Code 38.15, a Class B misdemeanor. It covers interrupting, disrupting, impeding or otherwise interfering with an officer performing a duty. The statute makes it a defense that the interference "consisted of speech only." Talking, criticizing and filming from a distance put you in the strongest position. Physically stepping in, or refusing a lawful order to move back, does not.
Do you have to give your name?
If you are on foot and only filming, Texas law does not require you to give your name unless you are lawfully arrested. Refusing to give your name, address or date of birth after an arrest is an offense, and giving a false name to an officer who has lawfully arrested or detained you is a separate crime (Penal Code 38.02). Drivers have different duties; see our guide to police stops and arrests.
Can police take or search your phone?
Officers generally need a warrant to search the contents of your phone, even after an arrest, unless you consent or a narrow exception applies, such as an immediate life-threatening emergency or a phone reported stolen. Riley v. California, 573 U.S. 373 (2014); Texas Code of Criminal Procedure article 18.0215. They may sometimes hold a phone while they apply for a warrant. Do not consent to a search, use a passcode, and set your phone to back up video automatically.
Recording audio
Texas is a one-party consent state. Texas law gives a defense for recording a conversation you are part of (Penal Code 16.02(c)(4)), unless the recording is made to commit a crime, and openly recording officers on duty in a public place generally involves no reasonable expectation of privacy. Secretly recording other people's private conversations that you are not part of is a different matter and can be a felony.
Is there a "buffer zone" law in Texas?
No. Texas has not passed a law requiring people to stay a set distance away from officers while filming. Louisiana passed a 25-foot law in 2024, and a federal court blocked it; that case is on appeal in the Fifth Circuit. We will update this page if the law changes.
If your rights were violated
If you were arrested, threatened, or had your phone seized or deleted for filming lawfully, write down what happened, save every copy of your video, and get the names and badge numbers of the officers. Retaliation for filming can support a federal civil rights lawsuit under 42 U.S.C. 1983. Learn about civil rights lawsuits.
Sources: Turner v. Driver, 848 F.3d 678 (5th Cir. 2017); Buehler v. Dear, 27 F.4th 969 (5th Cir. 2022); Bailey v. Ramos, 125 F.4th 667 (5th Cir. 2025); Riley v. California, 573 U.S. 373 (2014); Tex. Penal Code 16.02, 38.02, 38.15; Tex. Code Crim. Proc. art. 18.0215. Reviewed November 2026. This guide is general information, not legal advice for your situation.