Can I audio record a traffic stop?

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China Rider

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Mar 30, 2007
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Okay, so my phone has a voice recorder feature. Lets say I get pulled over and am riding dirty. The cop decides to search the car, finds something and I get busted.

If I have audio proof that he had no reason to search my car and he violated some sort of procedure, can I use this as proof in court to get me out of trouble?

Thanks.
 
China Rider said:
Okay, so my phone has a voice recorder feature. Lets say I get pulled over and am riding dirty. The cop decides to search the car, finds something and I get busted.

If I have audio proof that he had no reason to search my car and he violated some sort of procedure, can I use this as proof in court to get me out of trouble?

Thanks.
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This matter varies by state; in some states, notably Massachusetts, secretly recording a traffic stop violates the state's wiretapping statute, but holding a recording device in plain sight or notifying the officer that one plans to tape the conversation is permissible.

I suppose the general consensus is that a police officer has a reasonable expectation of privacy during a traffic stop - this is a point of contention that varies by state, and is not "settled law" in many states.

Looking at this from a civil standpoint, this is probably not a wise idea; one virtually incriminates oneself / creates reasonable suspicion if the recording device is discovered or openly used. On the other hand, if your state has found that secret recordings are permissible, than by all means go for it... Just hide the recorder well :\ ...

Ref: Commonwealth v. Michael Hyde, 434 Mass. 594 (Mass. 2001)
 
no, taping without a person's knowledge is not valid in a court.

you can always say no to a search unless the guy has reason to search. saying no to a search also usually isn't reason enough. get the cop to tell you why he is searching you and in the end, it will be up to your lawyer to prove he didn't have a valid reason.
 
I don't know where you live, but here in the UK the police can actually stop and search you for no reason whatsoever, so the recording would be pointless. Happened to me and my boyfriend several times, they give you a bit of paper explaining that basically they don't need a reason to search you. it sucks.
 
The recording may not be admissible in court, but if the stuff on the tape is juicy enough, Channel 2 will sure be interested. ;) That is, of course, if you're willing to take a rap for "surreptitiously recording a law enforcement officer" or whatever the wording of the law is in your jurisdiction...

Besides, if you really want a record of the interaction, just speak directly to the video camera that's almost always rolling from the front left corner of the cruiser. You might even get on COPS--then your own show!
 
I can't imagine that an on-duty police officer has a reasonable expectation of privacy when talking to a citizen. I haven't done the research, but I would have no problem recording a cop on a traffic stop without telling him or her, and would try to introduce the recording in court if it helped my case.

BTW, cops record arrestees all the time without telling them. They often stick two arrestees in the back of a cruiser by themselves while a tape recorder is secretly running in the front seat. Whether the recording is admissible I don't know.
 
Johnny1 said:
I can't imagine that an on-duty police officer has a reasonable expectation of privacy when talking to a citizen. I haven't done the research, but I would have no problem recording a cop on a traffic stop without telling him or her, and would try to introduce the recording in court if it helped my case.

BTW, cops record arrestees all the time without telling them. They often stick two arrestees in the back of a cruiser by themselves while a tape recorder is secretly running in the front seat. Whether the recording is admissible I don't know.
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Check out Commonwealth v. Michael Hyde on FindLaw, it's a very interesting read. Hyde filed a complaint against a police officer that had pulled him over and given him a hard time the night before; when he entered the police station and presented the tape, the Abington, MA police force conducted an internal investigation... The officer was acquitted of any wrongdoing, but down the road they successfully sought a criminal complaint of wiretapping against Hyde.

I reckon it's pretty strange that this matter is not settled law in many states; seems that it would be, I'm fairly certain that people tape traffic stops on a frequent basis.
 
tobala said:
The recording may not be admissible in court, but if the stuff on the tape is juicy enough, Channel 2 will sure be interested. ;) That is, of course, if you're willing to take a rap for "surreptitiously recording a law enforcement officer" or whatever the wording of the law is in your jurisdiction...

Besides, if you really want a record of the interaction, just speak directly to the video camera that's almost always rolling from the front left corner of the cruiser. You might even get on COPS--then your own show!
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hehe i never thought of this.

though I will tell you with my first arrest, the cop would be the one who could have made some money from a recording.

cop: did you know this bag of heroin was on you?
me: no, if i did I would have done it...can I still have it or do you, like, need it?

haha...i was blasted. (the haha was more of a omg i'm so stupid and embarrassed by this laugh)
 
no, taping without a person's knowledge is not valid in a court.
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That would depend on the particular state's laws on the matter. There are states in which such would be completely legal.

you can always say no to a search unless the guy has reason to search. saying no to a search also usually isn't reason enough. get the cop to tell you why he is searching you and in the end, it will be up to your lawyer to prove he didn't have a valid reason.
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Police officers often do not follow the constitution, and get away with it. It's always best to have as much evidence in your favor as possible. If an attorney presents evidence to a prosecutor that shows a police officer is lying, they will likely drop the case regardless of admissibility.

Care needs to be taken that someone is not violating the law when making any recordings. Check your state's laws to ensure that you are not committing a crime.
 
Outta Pocket said:
Check out Commonwealth v. Michael Hyde on FindLaw, it's a very interesting read. Hyde filed a complaint against a police officer that had pulled him over and given him a hard time the night before; when he entered the police station and presented the tape, the Abington, MA police force conducted an internal investigation... The officer was acquitted of any wrongdoing, but down the road they successfully sought a criminal complaint of wiretapping against Hyde.

I reckon it's pretty strange that this matter is not settled law in many states; seems that it would be, I'm fairly certain that people tape traffic stops on a frequent basis.
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Fair enough, and thanks for the reference. As you and others pointed out, it varies by state.

In California, it's permissible to record someone who does not have a reasonable expectation of privacy. If I have some time I'll try to learn whether a public servant in California has such an expectation when dealing with the public in the performance of his or her duties.

But if another state has the same test, i.e. reasonable expectation of privacy, and a court has held that a cop does have a reasonable expectation of privacy during a traffic stop, I'd love to know about it.
 
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