notalawyer
Regular Member
In an one party your good to go. In a two party state the other party needs constructive notice.
Constructive notice is the legal fiction that signifies that a person or entity should have known, as a reasonable person would have, even if they have no actual knowledge of it.
Except in those 'two-party' states, like Florida wherein the prohibition only applies to an 'Oral communication':
“Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.
Several courts have ruled that LEO in the performance of their official duties, in public (traffic stops, detentions, etc.), have no expectation of privacy.