I agree on your take of the law, but I have seen and heard of cops who don't agree with your assessment.
Do you feel this would extend to phone conversations with police or is that a different beast? Something I have been curious about.
the problem is the case law as to EXACTLY what is meant by private conversation has not been fleshed out
this is how it usually works. legislators write some kneejerk, hastily considered law, with poorly defined or not defined at all terms, and then the courts have to sort it out
(imo, the two party consent law was largely written to protect corrupt politicians and it is the only law i have ever seen where the exclusionary rule applies to NON-leo's. iow, if you obtain a recording in violation of this law, not only is it excluded from evidence but iirc, you cannot evne testify to what was said DURING the recording)
i would hesitate to record a PHONE call , even with a cop, without notification. i think it's more likely ot be viewed as "private' vs. a cop on a scene (like a DV), or especially in a public place, traffic stop ,etc.
note that despite the fact that cops talking to people pursuant to their duties is not a private conversation, every agency i am aware of has POLICY that generally requires them to notify. mostly, it's a CYA thang, since they don't want to deal with suppression motions, and it's easier just to notify.
the law also says that INCOMING calls to a police station may be recorded by the cops without notification, yet generally by POLICY they will advise before recording. it does not have to be 911 calls, ANY incoming call (9.73.090)
iow, i wouldn't do the telephone thang.
here's the law
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.
(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.
