Yes, filming police officers in North Dakota is generally legal under the First Amendment, provided the activity does not interfere with law enforcement operations or violate other statutes. The North Dakota Supreme Court has affirmed citizens’ right to record police in public spaces, aligning with federal precedent. However, obstruction or recording in restricted areas (e.g., crime scenes) may trigger penalties under N.D.C.C. § 12.1-08-02.
Key Regulations for Filming Police Officers in North Dakota
- Public Spaces: Recording police in public areas (e.g., streets, parks) is permitted, as long as the recorder does not obstruct or impede law enforcement duties. The North Dakota Bureau of Criminal Investigation (BCI) has not issued formal guidance but defers to case law.
- Interference Prohibited: Under N.D.C.C. § 12.1-08-02, knowingly obstructing a peace officer is a Class B misdemeanor. Filming from a distance that does not impede police activity avoids liability.
- Drones & Restricted Zones: The North Dakota Aeronautics Commission enforces FAA Part 107 rules, banning drone use near active crime scenes or emergency responses without prior authorization.
Local agencies, including the Bismarck Police Department, have internal policies discouraging officers from confiscating recording devices unless exigent circumstances exist. The 2026 North Dakota Legislative Assembly is considering amendments to clarify “interference” standards, but no changes have been enacted as of June 2024. Always verify real-time local ordinances, as municipal rules may impose additional constraints.