Can I Record a Police Officer During an Encounter in Albuquerque, New Mexico?

If you want to know about how to Record Police Encounter in New Mexico, here is everything to know.

If the Albuquerque Police stops your vehicle or a law enforcement officer comes up to you and starts asking questions, you may wonder whether you have a right to record the interaction. 

In most states, citizens have a right to record a police officer during an encounter. New Mexico is one of those states where people have a right to record an officer. However, the rule may not apply to all situations where you interact with a police officer.

If you or your loved one has been arrested in Albuquerque, do not hesitate to speak with a criminal defense lawyer as soon as possible. At the Law Office of Todd J. Bullion, our compassionate and experienced attorney is dedicated to effectively defending the rights of those arrested in Albuquerque.

Can I Make Audio and Video Recordings During a Police Encounter?

While many states prohibit you from recording audio if you do not have the other party’s consent, New Mexico is not one of them. New Mexico is a single-party consent state, which allows you to record audio and video as long as you have the consent of at least one party to the electronic or oral communication.

Thus, if you are the one recording the interaction, you can legally record your in-person conversation with police officers in Albuquerque or elsewhere in New Mexico.

Some police officers tell people to stop recording them because they have a right to privacy. However, law enforcement officers do not have a right to privacy when performing their official duties. Thus, a police officer in New Mexico may not prohibit you from recording him unless he is off-duty or in a private space.

How to Legally Record a Police Officer in New Mexico

There are a few things to keep in mind when recording an interaction with law enforcement officers in Albuquerque and elsewhere in New Mexico.

• Do not be secretive about recording the police: Although New Mexico is a single-party consent state, it does not mean that you should film a police officer in secrecy. Tell the officer that you will be recording the interaction to avoid any misunderstandings.
• The officer may still confiscate the recording device: Just because you have a right to record a police officer in New Mexico does not mean that the officer will not confiscate your phone (or another recording device) or force you to remove the recording from the electronic device. If this has happened to you, contact an attorney immediately.
• Be polite when recording the officer: Having a right to film a law enforcement officer gives you no right to be rude. Instead, stay calm and be polite when recording the officer. Let the officer know that you want to exercise your right to record the interaction but do not do anything to obstruct an investigation. According to New Mexico Stat § 30-22-1, resisting, evading, or obstructing a police officer is an offense that can result in your arrest.
• Call an attorney: If you have been arrested for recording a police officer or for any other reason, do not provide any statements to law enforcement officers until you speak with an attorney. In New Mexico, you have a right to have your attorney present.

So can you Record Police Encounter in New Mexico? 

Having your interaction with the officer recorded can serve as a valuable piece of evidence in your case. Our skilled and results-driven attorney Todd J. Bullion can keep you out of jail and help you avoid a conviction of any kind. The sooner you contact an attorney, the better the outcome.

Schedule a free, no-obligation consultation with our criminal defense attorney at the Law Office of Todd J. Bullion to discuss your particular case. Call (505)452-7674 or send us an email today.