I may be mistaken, but I believe it was califoenication that just ruled that a photographer was fully within their rights to take photos of people inside their homes, through their windows, and to display those photos in public- Maybe it was another state- can’t remember now- but I think it was cali
it appears California is a ‘two party consent’ state- so shows like the msnbc one would not be allowed to record criminals in that state-
California Wiretapping Law
California’s wiretapping law is a “two-party consent” law. California makes it a crime to record or eavesdrop on any confidential communication, including a privateconversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to “confidential communications” — i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).
http://www.dmlp.org/legal-guide/california-recording-law
I don't know about the judges but I expect my conversations in public places, especially restaurants, could be overheard...