Probably. Unless you are in one of those states that seem to try and hold hard to the concept of two party consent for surreptitious audio recordings. While there is no expectation of privacy in a contact with the police, the reverse is not always held to be true. (I'm not arguing that such a recording of the encounter SHOULD be unlawful, only that I still read about cases in places that fall back on the two party/consent theory even when recording police encounters from time to time.)

