Is it legal to record conversations with police?

Question

If I am stopped by the police for questioning on the street, would I be within my rights to record the conversation on my phone to avoid any looseness with accounts of what was said on either side? Would the police officer be allowed to refuse my request to record the conversation? And what if my phone just happened to be on my body recording before any conversation was initiated?(I am asking this from the perspective of an Australian in Victoria - but I'm sure the answer from other jurisdictions would be interesting also.)

Answer 1

In the United States, I would suggest asking politely if you could record the officer, likely the officer would respond with yes because it is your right to or they would ask to search your persons first. This is so that the officer knows what is within reach and so if the phone is in your pocket, they are making sure it is your phone. This is a Terry frisk and it is almost always permitted for police to do when interacting with anyone to ensure the safety of the officer. Some jurisdictions might vary. Some cities have implemented departmental procedures on how to get to Terry frisk (as in what elements of the situation require it). Once they search you, you can ask for them to remove the phone or if you could remove the phone from your pocket. Do not dig excessively in your pockets looking for your phone or anything else. If your phone is already out and recording, it should be fine unless they perceive you as a safety risk in which they would ask you to set it down, even while it is still recording, and search the person. The phone can stay recording. I've worked for a police department and also for the Midwest Innocence Project so you get a dual perspective from an American!