Recording Police Encounters in VA

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Forgive me if this is an alreadycovered topic, but I did not turn up anything definitive using the search function...

I have noticed frequent advice here to record police encounters if one is stopped, detained, etc. by police during OC (or presumably for any other reason). Are there any state laws regarding video and/or audio recording of individuals, public servants, etc. in VA? Does one have to inform the officer(s) that they are being recorded? Can one continue to record if the officer orders or request that the recording cease?

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IANAL but:

I believe all that is required is that one party know that the conversation is being recorded.

You do not have to have the other party's permission to tape a conversation you are having with them.

You are not required to inform an officer that you are taping a stop.

At least in Virginia....

However, I am not too certain of this information, so don't take it to heart.

The basic rule for recording is when an officer asks you to stop so he can speak with you, or the moment you see flashing lights in your rear-view mirror, you start the recording and hide away the recorder in a place that lets sound in.

This may help: http://www.articlesbase.com/national,-state,-local-articles/audio-recording-laws-in-the-us-431017.html

"The 37 states which allow one party consent recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming."

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Answered my own question with a little research. In case anyone is interested:

http://www.citmedialaw.org/legal-guide/virginia/virginia-recording-law

http://www.rcfp.org/taping/states/virginia.html

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Thanks, Dispatcher. See the cites I found, as well, for VA specific info.

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levernut wrote:

Thanks, Dispatcher. See the cites I found, as well, for VA specific info.

Click to expand...

Welcome to the site.

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And Sam's Club has a great little recorder, all digital, 69 hours of voice quality recording for less than $50. Much cheaper than a lawyer! I carry it anytime I'm out of the house.

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Tacitus wrote:

And Sam's Club has a great little recorder, all digital, 69 hours of voice quality recording for less than $50. Much cheaper than a lawyer! I carry it anytime I'm out of the house.

Click to expand...

Well don't stop there! Inquiring minds want to know the brand and model number. I was just on the verge of buying a model that cost almost triple, so I am interested, too!

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WW has Sony 512MB Digital Voice Recorder, ICD-B600 $39.82

You can record up to 300 hours of lectures, meetings or notes on this handy recorder. It features 512 MB of digital flash memory so there are no moving parts, tapes or memory cards to worry about. Additional highlights include three modes for different sound quality levels, four message folders, large LCD information screen, voice-operated recording, built-in speaker, selectable high/low microphone sensitivity, clock and date/time stamp. Operates on two AAA batteries that are included.

http://www.walmart.com/catalog/product.do?product_id=8586731

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levernut wrote:

Answered my own question with a little research. In case anyone is interested:

http://www.citmedialaw.org/legal-guide/virginia/virginia-recording-law

http://www.rcfp.org/taping/states/virginia.html

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Thanks for the links levernut. I figured it was a one-party consent law. My brother is a LEO and they record (audio/video) all traffic stops and he doesn't tell the offender they're being recorded or ask for permission to be recorded.