Recording
C.R.S. 18-9-304 — one party to the conversation may consent, and C.R.S. 16-3-311 — the right to record the police
Colorado's eavesdropping section reaches a person not visibly present who knowingly overhears or records a conversation without the consent of at least one of the principal parties. A party to the conversation may record it. Eavesdropping is a class 2 misdemeanor.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
For a telephone or electronic communication, the wiretapping section reaches a person who is neither a sender nor an intended receiver and records it without the consent of either a sender or a receiver. Wiretapping is a class 2 misdemeanor.
Recording the police is a right in the statute. A person has the right to lawfully record any incident involving a peace officer and to keep custody and control of the recording and the device. An officer may not seize either without consent, a search warrant or subpoena, or a lawful exception to the warrant requirement.
An officer who wants the device as evidence first gives their name, badge number and agency, says the legal reason, and, if practicable, asks whether the person will voluntarily share a copy of the specific recording so they can keep the device.
Sources for this section (3)
- C.R.S. 18-9-304 — Eavesdropping prohibited - penalty
- C.R.S. 18-9-303 — Wiretapping prohibited - penalty
- C.R.S. 16-3-311 — Peace officer incident recordings
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.