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Recording Police Conversations

Astro Bear

By Astro Bear,
in Victoria

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Astro Bear Veteran

Astro Bear

Posted
Posted

Hey guys. I have a few questions for the legal eagles out there.

Under what circumstances is recording a police conversation legal? i.e after being pulled over.

Under what circumstances can these recordings be used in court?

Just curious because the police presence around my area is definitely increasing (which isn't a bad thing unless you're an import driver lol).

Cheers,

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https://www.sau.com.au/forums/topic/293509-recording-police-conversations/
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Astro Bear Veteran

Astro Bear

Posted
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Posted
You can record whatever, whenever.

You must state however that you are doing do before you do.

Far as I'm aware they are fully admissible as long as you clearly advise that is what is happening.

Thanks Ash,

So failing to advise that you're recording the conversation will result in the end product being inadmissable in court?

If the officer was to tell me to stop recording, I could then legally refuse to do so?

Brokenz Community Regular

Brokenz

Posted
Posted

If you are involved in the conversatation you do not have to advise the other person and it can be used in court. If you record someone elses conversations it cannot be used without their permission.

gdogzgtr Proficient

gdogzgtr

Posted
Posted

I agree with above. I don't believe that you have to mention it. As long as both parties aware/involved in conversation it can be used in court. We are always trained/told to be aware that all our conversations could be recorded. I know alot of TMU constatly have Mico Cassette recorders going everytime they intercept a vehicle as they work one up often to cover themselves.

Birds Grand Master

Birds

Posted
Posted

When it comes to your own conversation...well what about the telephone services that are legally required to warn you the telephone call is being recorded for training and guidance purposes? Yet they are part of the conversation? Or is it because it's an organisation recording it and not the individual themselves?

joeyjoejoejuniorshabadoo Grand Master

joeyjoejoejuniorshabadoo

Posted
Posted

this was covered on JJJ a little while back as one of the JJJ dj's witnessed a police beating and recorded it on his camera phone.

the police officer was guilty and hence didn't want the evidence seen by anyone, and requested the phone.

when the request was denied the phone was taken by force and the video footage deleted.

there were several witnesses to this

JJJ had a specialist lawyer in police misconduct come in for an interview.

the result of the interview...

you can LEGALLY record ANY police officer in any format at ANY time as long as they are ON DUTY.

the police can not seize your personal property without arresting you, and they are NOT allowed to delete ANYTHING

Birds Grand Master

Birds

Posted
Posted
Why would you need a recording device? I have not once come across a bad cop. If you are doing the right thing and not acting like a tool then you will be fine.

LOL sorry champ I didn't know everyone else's experience was limited to yours.

That's like saying "I haven't been in a car accident yet, 100% it won't happen as long as I drive fine". Most cops I come across are on the ball, fair and square. But some aren't. And with things like revenue quotas it just happens.

Astro Bear Veteran

Astro Bear

Posted
  • Author
Posted
Most cops I come across are on the ball, fair and square. But some aren't. And with things like revenue quotas it just happens.

Couldn't have said it better myself. This man speaks the truth.

xALmoN Grand Master

xALmoN

Posted
Posted

sounds like a good investment eh? voice recorders aren't all that expensive these days.

but frankly, till now i've never been pulled over before. but it helps to be prepared, since there's so many horror stories floating around.

bombtrack Experienced

bombtrack

Posted
Posted
Why would you need a recording device? I have not once come across a bad cop. If you are doing the right thing and not acting like a tool then you will be fine.

You sir are on the ball. Cops never have bad days, they aren't driven by quotas and KPI's and some of them aren't just straight a-holes. On top of that I've never been defected for crap or pulled over instead of the speeding Camry purely because of the car I drive. hmmmmmmmmm.

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