in some jurisdictions one has an expectation of not being recorded without their consent. Whether they are involved in something criminal or not. Unless a warrant for it has been issued by a judge.
therefor, in some places it's an issue in legal proceedings regardless of whether you or I or the Popo are doing the recording
Your expectations don’t trump the law. This isn’t about the police conducting illegal surveillance. It’s about ordinary people who choose to record their interaction with others. They’re not required to get your consent, whether it’s a person audio recording you or a store using a CCTV recorder. Some may give the courtesy of notifying you you’re being recorded (as an additional theft deterrrent), but they’re not required to obtain your consent.
Same reason you can’t stop someone from filming you in a public place, and a cop can’t stop you from filming him during a traffic stop.
My expectations, where I live, are that the other party involved follows the law. Anyone I'm talking to on the phone must let me know I'm being recorded, therefor the message at the beginning of most business calls to a customer service dept.
you may want to check out more info on where you live. Most places, when in public you are correct for the most part. Private conversations are different in some jurisdictions. And private conversations, as in the one between Lake and Dewitt, are what I've been discussing here. What happens in public is.........well.........public
Just how it is here in Cali:.
https://recordinglaw.com/party-two-party-consent-states/california-recording-laws/California Recording Law Summary:
California’s principle recording law (Cal. Penal Code § 632.) stipulates that it is a two-party consent state. In California, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. This means that in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, there are a few exceptions such as:
Public conversations with no expectation of privacy
Within government proceedings that are open to the public
Recording certain crimes
California also has a wiretapping law (Cal. Penal Code § 632.) which can result in criminal prosecution for the unauthorized recording of a phone line (or other media).
Here's a map of the US if you're interested. I'm not going to look up Canada as that's not under discussion here
https://recordinglaw.com/party-two-party-consent-states/
