Reply #66: The distinction may be that one party to the conversation

[Timefortruth]

knew it was being recorded. Everything changes when neither party knows. And I do agree that if she were acting as an agent for the police different standards would apply and the recording would likely be legal, even if it otherwise would not be admissible. My suggestion is that he has the possibility of the defense of entrapment (it is doubtful that this defense would fly unless the jury was a bunch of dittoheads) might be available if she were acting as an agent for the authorities.