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Some states have laws that prohibit making a sound recording of any communication unless all of the parties have been advised the recording is being made. This applies even if the communication is taking place in a public place. There is an ongoing case in Maryland where a motorcyclist was stopped by a plainclothes Maryland state trooper after the cyclist was observed speeding through traffic at around 100 mph. The cyclist had a small camera mounted on his helmet, as he intended to make a video of this and post it on YouTube. The camera captured the sound and video of the trooper's actions. The cyclist is now facing trial for making a covert sound recording, which is a felony in Maryland.

Most states do not have this law, but the safest course of action would be to advise any officer you are recording that the recording is being made. I am unaware of any law that would allow the officer to order you to stop recording him, or to take the recording device from you.

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14y ago

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