Originally Posted by
whirledtraveler
You are forgetting wiretap law.
Not at all. It's a technique I (and my colleagues) use very frequently. I've used such recordings in plenty of criminal trials. Never had a suppression problem. And here's the reason...
The Federal Wiretap Act (commonly called "Title III") can be found in Title 18 of the U.S. Code. This is the federal law that makes wiretapping illegal. It has the following provision, found at 18 USC 2511(2)(c):
It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.