Is it Legal to Record the Police in South Carolina?

On Behalf of The Law Office of Brad C. Richardson, LLC | Sep 17, 2025

Not every police department requires body and vehicle cameras to expose officer misconduct. In fact, some unlawful police actions were only caught because concerned bystanders took out their phones. Recording the police in public places is generally legal in South Carolina, as long as you do not hinder or interfere with law enforcement activities.

Discuss the scope of your constitutional right to record the police and potential police misconduct with experienced South Carolina constitutional criminal defense lawyer Brad C. Richardson by calling (843) 488-4321 or connecting with him online.

Understanding the Constitutional Right to Record Government Officials

Federal courts have ruled that the First Amendment protects your right to record the police in public places. This expression of free speech is essential for ensuring police accountability and goes hand-in-hand with your right to gather information and evidence about law enforcement actions. If the police unlawfully prevent you from recording, you might have a constitutional claim. An experienced S.C. criminal defense lawyer may also get the charges against you dismissed by demanding that the court presume police misconduct.

Lawful Ways to Record Police Officers in South Carolina

Although it’s generally lawful to record the police, certain restrictions apply. Citizens, including arrestees, must consider the following limitations to avoid potential criminal charges and civil liability. If you have questions about what is allowed or have been arrested, contact a trusted attorney immediately.

Public Place

If you’re recording the police as a citizen, you may only do so if you’re in a relatively public place. Public places typically include any place where there is not a ‘reasonable expectation of privacy,’ including:

Streets
Sidewalks
Parks
Malls
Stores
Restaurants
Churches

In private buildings, you may generally record the police if you’re lawfully present in a public area of that space. That means patrons might record an arrest in the restaurant’s dining room, but may not unlawfully enter the kitchen to do so.

Non-Interference with Police Activities

It is illegal to interfere with or hinder official police duties in South Carolina. As such, you may only record the police from a safe distance and may not engage in any action that interferes with police conduct. This includes getting between the officer and an arrestee or impairing the officer’s vision. You must generally comply with an officer’s request to step back from an active police zone. Failure to do so might result in a criminal misdemeanor or felony charges.

South Carolina is a one-party consent state (S.C. Code § 17-30-30). If you’re lawfully in a private place, such as your friend’s home, you may record police encounters only with the lawful consent of one party to the conversation. You may also record your own conversation with police officers, or a friend/family member may ask their loved one’s consent to record police conversations.

Discuss Your Right to Record the Police with a South Carolina Criminal Defense Attorney

If you were unlawfully prohibited from recording a police encounter, charged with police interference, or have evidence of police misconduct on camera, immediately contact experienced S.C. constitutional rights and criminal defense lawyer Brad C. Richardson. He might help you defeat any obstruction charges and hold officers accountable for abusing their authority or using excessive force. Confidentially discuss your case with him today by calling (843) 488-4321 or connecting with his legal team online.