with phone calls, 1/2 the convo needs to know it's being recorded. this issue is a public/private speech issue billed as a impeeding justice. if the people recorded hadn't been cops, this wouldn't have made it anywhere. it's completely lame. they could have claimed that at the time they were at the time expecting that they thought their conversation was private.
note: if they were on their cellphone in a public place, that has been held up as public speech.