Yes, filming police officers in Nebraska is generally legal under the First Amendment, provided the activity does not interfere with law enforcement operations. Nebraska’s courts and the U.S. Supreme Court have affirmed the right to record police in public spaces, including interactions with civilians. However, obstruction or harassment of officers remains prohibited under state statutes.
Key Regulations for Filming Police Officers in Nebraska
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Public Space Recording: Filming from public property (e.g., sidewalks, parks) is permitted without consent, as long as the recorder does not obstruct police duties. Nebraska Revised Statute § 28-1310 prohibits interference with law enforcement but does not criminalize passive recording.
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Interference Prohibition: Nebraska’s obstruction statutes (NRS § 28-901) apply if filming disrupts an arrest, investigation, or emergency response. Courts have ruled that mere presence—even with a camera—does not constitute obstruction unless active interference occurs.
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Drones and Elevated Recording: The Nebraska Department of Transportation (NDOT) enforces Federal Aviation Administration (FAA) Part 107 rules for drone use. Filming from drones over police scenes may require prior authorization, and local ordinances (e.g., Omaha Municipal Code § 35-29) may impose additional restrictions.
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Audio Recording: Nebraska is a one-party consent state (NRS § 86-2,104), allowing audio recording of police if at least one participant (including the recorder) consents. Secretly recording conversations without consent violates state wiretapping laws.
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2026 Compliance Shifts: Nebraska’s Attorney General’s Office is reviewing proposed updates to obstruction laws following recent federal circuit rulings, which may refine the boundaries between protected recording and prohibited interference.