New York is a one-party consent state for recordings. The NYPD Patrol Guide explicitly states officers may be recorded while performing duties in public spaces.
Rights by Situation
Your Rights
✓Right to remain silent — you must identify yourself in most states, but beyond that you can invoke your right to silence
✓Right to refuse consent to a search of your vehicle
✓Right to record the encounter in public
✓Right to ask "Am I free to go?" — if detained, ask why
✓Right to an attorney if you are arrested
Key Phrases to Use
"I do not consent to a search."
"Am I free to go?"
"I am invoking my right to remain silent."
"I would like to speak to an attorney."
"I am recording this encounter for my protection."
What Officers Cannot Do
Search your vehicle without probable cause or your consent
Detain you indefinitely without reasonable suspicion or probable cause
Search based solely on your refusal to consent
Use excessive force
Demand you unlock your phone
Extend the stop unreasonably beyond the traffic violation purpose (Rodriguez v. United States)
What to Do After
1.Write down everything you remember as soon as possible — officer's name, badge number, patrol car number, time, location
2.If you were searched without consent, note everything that was searched
3.Take photos of the scene, any damage, or injuries if applicable
4.Contact an attorney if you believe your rights were violated
5.File a complaint with the department's internal affairs if appropriate
6.Your AiWitness evidence package is automatically generated — download it from your dashboard
Relevant Cases
Constitutional law cases that apply in your state or nationwide.