This is actually a correct assessment for the state I live in
Picking up someone’s conversation by accident like this is 100% inadmissible in court. It is also likely to get whomever is trying to utilize the recording sued.
Filming an interaction is different, that is where the expectation of privacy standard occurs.
Wire tapping went a bit crazy for a while there and needed to be made illegal/inadmissible.
My state takes it a step further. You must be a consistent active participant in the conversation. The driver of a vehicle you are riding in likely would not qualify as he is not there as part of the conversation. There is no way possible that having every conversation in a car automatically recorded would be legal in my state.
Hearing a conversation and recording it are two different things. Single party consent means one of the people being recorded must give permission to record … full stop. If there is no consent then a warrant is required.
Not in my state, and not by most two party laws. This is VERY specific and clear in my state: The driver is outside the conversation.
By your rational a police agent without a warrant could walk by and say “hello”, plant a listening device, then record your conversation because he said hello at the start. This is specifically not two party (I spot checked several state laws). It would be illegal in many states (mine included).
Don’t you have to be participating in the conversation? Our state’ single party consent specifically excludes “walk ups” and “back grounders”. For instance a waiter at a restaurant cannot record a table’s conversation just because he said a few words. Also a person cannot say “hello” and then quietly sit by and record you.
The person doing the recording must be an active and constant participant in the conversation, otherwise the recording is illegal.
Man I miss SWG.