Journalist Arrested While Reporting: What to Do
By The National Press Association editorial team · Last reviewed:
CPJ says it is generally prudent to comply with officers' commands, even ones that seem unlawful, and put safety first. RCFP advises you to say you are a journalist, show press credentials, and record if possible. RCFP says you do not have to consent to an equipment search. Call a criminal lawyer, or RCFP's after-hours emergency line, 1-800-336-4243.
Key takeaways
- Being near a protest is not a crime, but you can be arrested if police have probable cause that you broke a law.
- CPJ says it is generally prudent to comply with commands in the moment, and a lawyer can help with the rest.
- RCFP says you do not have to consent to a search or seizure of your equipment.
- Keep a criminal lawyer's number on paper, and know the RCFP emergency line for calls outside business hours.
- Rules differ by state and by court, so check your state's law.
Why do journalists get arrested or harassed while reporting?
According to the Reporters Committee for Freedom of the Press (RCFP), simply being near a protest or other newsworthy event is not a crime [1]. But you can be arrested if officers have probable cause to believe you broke a generally applicable law while reporting [1].
RCFP says trespassing is one of the most common charges journalists face when arrested while covering protests [1]. Before you start shooting, check where you are standing [1].
Police have limits too. RCFP says they cannot arrest journalists in retaliation for coverage they see as critical [1]. RCFP also says they cannot arrest journalists to prevent reporting on a public demonstration [1].
Dispersal orders are a gray area. RCFP quotes one court as saying an officer cannot issue a "move on" order to someone because he is recording [1]. Police may still order bystanders to disperse for public safety, order and other legitimate law-enforcement needs [1].
Warnings matter as well. The Committee to Protect Journalists (CPJ) says police are generally required to order protesters and reporters to disperse before making arrests [2]. CPJ adds that courts may consider whether protesters and reporters could in fact hear the warnings in deciding whether arrests were proper [2].
The short video below explains how the U.S. Press Freedom Tracker documents journalist arrests.
Video from Freedom of the Press Foundation (YouTube). Open at youtube.com. Content from youtube.com loads only if you click.
What should you set up before you go out?
Plan for the worst call before you leave home. RCFP advises you to keep the number for a local criminal lawyer and a bail bondsman handy [3]. Write it on a business card or on your arm, so you do not have to unlock your phone in front of police [3].
Then make sure the lawyer will be available to take your call [3]. A number that goes to voicemail at midnight does not help you.
RCFP also advises you to bring a government-issued ID and cash [3]. CPJ says to carry your press credentials at all times and keep them visible to law enforcement [2]. If you need a way to show you are a working journalist, you can start a free NPA membership application, since NPA membership is free to apply.
Work with a buddy when you can. If another journalist is with you, RCFP says to ask that person to notify your attorney and your editor [3]. Ask them to take your phone, camera or other equipment for safekeeping [3].
The one-page document below is a reference you can print. Keep a copy in your gear bag.
Document · Reporters Committee for Freedom of the Press
Press Rights at Protests (one-page summary)
Document from Reporters Committee for Freedom of the Press. Open at rcfp.org. Content from rcfp.org loads only if you click.
What does the law give you, and where does it stop?
CPJ says most courts have found that the First Amendment protects recording police officers in public [2]. That right can be subject to time, place and manner restrictions [2].
The Third Circuit put it plainly in Fields v. City of Philadelphia (2017). It held that the First Amendment protects photographing, filming or otherwise recording police officers conducting their official duties in public [4].
Read the rest of that decision before you lean on it. The court also concluded the officers in that case were entitled to qualified immunity [4]. Recognizing a right and winning a case are different things.
Courts differ, and this guide cannot tell you how your court will rule. Check your state's law, and ask a lawyer how it applies where you work.
What should you do when police stop or detain you?
Your goal in the moment is to stay safe and keep a record. Sorting out your rights can come later, with a lawyer.
- Stay polite. RCFP advises you to politely explain that you are covering the protest as a journalist and show your press credentials [3].
- CPJ says it is generally prudent to comply with an officer's commands, even if they appear unlawful, and to prioritize personal safety [2].
- RCFP says you can calmly discuss your rights if you feel a request violates them [1].
- Record the interaction if possible. RCFP says that gives you documentation in case you are later charged with a crime [3].
- RCFP says that if police ask to search or seize your equipment, you do not have to consent [3].
- If officers ask for your recordings, camera or notes, CPJ says you may refuse and ask them to contact your media outlet or its lawyers [2].
- If a colleague is with you, RCFP says to have them notify your attorney and editor [3].
RCFP and CPJ both point to press credentials as something to show and carry [3]. [2] The NPA credential is a private association credential, and you can read our guide to press credentials for independent reporters to see what a credential is and is not.
The video below is from 2017. Treat it as background, not as current law.
What happens to your equipment?
Do you have to hand over your gear?
RCFP states that if police ask to search or seize your equipment, you do not have to consent [3]. CPJ adds that you may refuse a request for your recordings, camera, devices or notes [2]. You can ask the official to contact your media outlet or its lawyers instead [2].
Refusing consent has limits. RCFP says police may seize materials in good faith to keep them safe during an arrest [1]. They may do so only if you get the equipment back within a reasonable period of time [1].
Can police search your phone?
RCFP says that, absent voluntary consent or a case-specific exigent circumstance, law enforcement cannot search a journalist's cellphone without a warrant [1]. Voluntary consent is one of those exceptions. RCFP also says you do not have to consent to a search of your equipment [3].
What does the Privacy Protection Act do?
The federal Privacy Protection Act makes it unlawful for a government officer or employee to search for or seize work product materials while investigating or prosecuting a crime [5]. The materials must be held by a person reasonably believed to intend to publish to the public [5].
The Act has exceptions. It does not block a search or seizure where there is probable cause to believe the person holding the materials has committed or is committing the offense they relate to [5]. If your footage ties to the crime police say you committed, do not assume the Act covers you.
Do state rules change anything?
They can. California is one example. California Penal Code section 409.7 says a detained, duly authorized news representative must be allowed to contact a supervisory officer immediately to challenge the detention, unless circumstances make it impossible [6].
That section has its own limit. It does not stop an officer from enforcing other applicable laws if the person is doing something unlawful [6].
Do not assume your state has a rule like this. Look up your state's law before you cover a protest. The CPJ guide below is a printable reference.
What if federal agents are involved?
RCFP notes that Department of Homeland Security officers are a growing presence around demonstrations and protests [1]. They may detain, search and arrest people alleged to have committed a criminal offense [1].
The Privacy Protection Act's text speaks of "a government officer or employee." [5] If federal officers detain you or take your gear, tell your lawyer or the RCFP hotline as soon as you can [7].
Who should you call, and when do you need a lawyer?
This guide is general information, not legal advice. Laws differ by state and by court. If you are arrested, a lawyer is the right person to ask what to do next.
Start with the criminal lawyer whose number you saved [3]. Then consider the RCFP Legal Hotline. It serves journalists and media lawyers Monday through Friday, 9 a.m. to 5 p.m. Eastern, through an online form [7].
Outside those hours, RCFP says you can reach it in an emergency by calling 1-800-336-4243 [7]. Its examples are a journalist who has been arrested or faces an imminent threat of arrest [7].
Know what the hotline is and is not. Contacting it does not create an attorney-client relationship [7]. RCFP also asks you not to submit confidential information through it [7].
Student journalists with questions about scholastic media should contact the Student Press Law Center instead [7].
What should you do after you are released?
Write down what happened while you still remember it. Keep any recording you made of the encounter. RCFP says a recording gives you documentation in case you are charged later [3].
If police took your equipment, note when and how. RCFP says they may hold it for safekeeping only if you get it back within a reasonable period of time [1]. Tell your lawyer if that time passes.
Tell your editor what happened, if you have one [3]. If you freelance, keep your own file of what happened, who was there, and what you shot.
Independent reporters often work without a newsroom behind them. Your best preparation is still a lawyer you can reach and a calm head.
Frequently asked questions
Who should a journalist call first if arrested while reporting?
Call the local criminal lawyer whose number you saved before you went out. RCFP also runs a legal hotline. Outside business hours it takes emergency calls, such as an arrest, at 1-800-336-4243. The hotline does not create an attorney-client relationship.
Does a journalist have to hand over their phone or camera if police ask?
RCFP says you do not have to consent to a search or seizure of your equipment. CPJ says you may refuse and ask the officer to contact your outlet or its lawyers. RCFP also says police may seize gear in good faith for safekeeping during an arrest, but only if it is returned within a reasonable time.
Can police arrest a journalist for recording them in public?
CPJ says most courts have found the First Amendment protects recording police in public, though time, place and manner limits can apply. RCFP says police can arrest journalists if officers have probable cause to believe the journalist broke a generally applicable law while reporting. Check your state's law.
Should a journalist argue with police about press rights during an arrest?
CPJ says it is generally prudent to comply with commands, even ones that seem unlawful, and to put safety first. RCFP says you can calmly discuss your rights if a request seems to violate them. A lawyer can advise you on what to do next.
Does the Privacy Protection Act stop police from taking a journalist's notes and footage?
The federal Privacy Protection Act makes it unlawful for a government officer or employee, in connection with a criminal investigation or prosecution, to search for or seize work product materials. It has exceptions. One applies where there is probable cause to believe the person holding the materials has committed or is committing the offense they relate to.
Is there help for student journalists who are harassed or arrested?
RCFP sends student journalists with questions about scholastic media to the Student Press Law Center. The RCFP hotline serves journalists and media lawyers. Contact the Student Press Law Center for school-media questions, and speak with a lawyer about any arrest.
Answers restate the sourced facts on this page.
NPA membership is separate from any credential an agency issues
The National Press Association credential is a private association credential. It is not government-issued, it does not give you legal rights, and it does not guarantee access to any event, venue, or agency. It can serve as identity verification and supporting documentation alongside your published work. It is free to apply.
Sources
- Police, Protesters, and the Press (RCFP guide, updated December 2025), Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Know your rights guide for journalists covering protests in the US, Committee to Protect Journalists (secondary source; retrieved October 24, 2026)
- Reporters Committee tips for covering protests, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
- Fields v. City of Philadelphia, No. 16-1650 (3d Cir. July 7, 2017), U.S. Court of Appeals for the Third Circuit (via Justia) (primary source; retrieved October 24, 2026)
- 42 U.S. Code § 2000aa - Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses (Privacy Protection Act), Legal Information Institute, Cornell Law School (U.S. Code text) (primary source; retrieved October 24, 2026)
- California Penal Code section 409.7, California Legislative Information (official state code) (primary source; retrieved October 24, 2026)
- Reporters Committee Legal Hotline, Reporters Committee for Freedom of the Press (secondary source; retrieved October 24, 2026)
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