Until the party is declared a suspect, all conversations are considered 'fact finding' vs 'evidence gathering' and, as such, are not subject to Miranda rights.
If the party being questioned fails to ask if I am a suspect, then all questioning is typically considered 'fact facting'.
Does that state have a law about both parties to a conversation knowing that it is being recorded?
People are questioned all the time. It doesn't make the questioning irrelevant. Once someone is arrested however, they must be read their rights. I'd say it's the equivalent of Scott Peterson speaking before the media which is being allowed to be rebroadcast for the Peterson jurors.
Kobe knew what this was about. He had the right to ask for an attorney but did not do so. You don't have to be arrested to ask for an attorney. And if he gave them the shirt with the blood on it, he "gave it to them". He could have said, "not without a warrant". He's not stupid, just did something REALLY stupid. We already know "squeeky clean" is a liar.