Legal Question in Criminal Law in California

Re: 2 Party Consent?

The way you have asked your question is rather broad. Generally it is considered to be illegal when someone records a conversation without the other person knowing and consenting to it. However, the circumstances could change the situation. If the police record your conversation they have probably informed you they are recording it and if you answer any questions you are doing so at your own peril. If we are talking about an insurance company and it is regarding an insurance claim, I would be surprised if they did not inform you of the conversation being recorded. So it really depends on the situation. Generally if you are on the telephone with someone and they are recording the conversation it could be considered illegal. However, if they are not recording it and the police are then it is entirely different situation even if you do not know about the police. So it might behoove you to find out more facts surrounding the recording of the conversation.