What is the name of your state (only U.S. law)? Florida
About a year ago, a crazy girl that lived next door started making false allegations and spreading rumors of physical abuse against me. On one instance, she came over distraught and admitted to fabricating allegations for spite and to save face with her friends who I previously told that I did not like her. I told her that if she wanted to continue the conversation, I would have to record the conversation.
I turned on my phone and hit the record button and explicitely declared "the recorder's on." Without her explicitely acknowledging this, she continued to talk. She goes on to admit to needing psychiatric help and to falsifying evidence and allegations.
On a separate occasion, she went through my phone and erased all of the recordings on there. However, I had already backed my phone up to my computer. She was and still is under the impression that all of those records have been erased.
After several incidents in which she assaulted/battered/stalked/trespassed/false imprisoned my girlfriend and me, I called the cops on her and had them explain that if she continues to talk to me she will be in trouble. However, crazy as she was, she filed a complaint against me at school and I've been under fire for this for the past few months. Her allegations are 100% false and she even mentions the event for after which she was recorded.
I've gotten mixed opinions of whether to use this recording or not as both my defense against her and in a libel/slander/extortion civil complaint. My argument as it relates to 934.03 and 934.02 is that she did not have reasonable expectation of privacy after I warned her that the recorder was on and that her continuing to talk was implied consent. The setting was in my apartment. Nobody was intoxicated or impaired in any way. However, she does sound in a slightly distraught emotional state. I usually have a roommate but I'm not sure if he was present in his room at that time.
If anyone has some case law in FL relating to this, I would greatly appreciate it... it's a criminal offense in this state to record someone without their consent but I haven't been able to find any cases. She's crazy enough to deny she gave consent.