Slightly complex first ammendment question: Can a voice recording made with a digital voice recorder/micro-cassette tape be accepted as evidence in a California court? Or is it against the law to record a conversaton? Scenario(s): these recordings were not made on the telephone. I need to be clear that in both cases a telephone was not involved. In both cases communication between the two parties was done in person and/or face to face.
In scenario #1 the conversation took place outdoors on public property where it is not reasonable for any one person to expect any measure of privacy. In other words it was made in a place where any person can come and go 24/7/365.
In scenario #2 the exact same dynamic is in place though with a slightly different set of circumstances: that conversation was made indoors in the hallway of a building, a building that is considered to be private property (as an example say for instance the hallway in a hotel, but NOT in a private room). As in scenario #1, it would be reasonable to conclude that a person would not or could not expect to receive any measure of privacy because inhabitants and/or employees of the hotel could come and go at will 24/7/365. Again, both questions pertain to the state of California.