If I pull over legally and remove my phone from it's legal cradle or concealed centre console location and begin recording what can they do ?! Nothin', I have just done what you are legally required to do in order to use a mobile phone without hands free in a car... pull over, apply handbrake, etc. The first thing I do when a cop pulls me over is turn the engine off, so the car isn't even running!
In addition to all this, how is operating a phone any different from operating a dictaphone or other recorder, especially if the car is stationary/parked, and even turned off?