@REP
Here in California, it is illegal for me to record a conversation without the 2nd party's consent. The intent to use the recording as evidence has no bearing on the legality of making such a recording.
Not exactly.
It is illegal to record a confidential conversation, including a private conversation or telephone call, without consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC.
Note that while PC 632 makes it a crime to record a private conversation, a party can legally record a communication made in a public gathering. The law also does not apply to the police and some private citizens when recording a conversation to gather evidence of an offense.
Penal Code 632 is the California statute that makes eavesdropping a crime. In order for an act to be a crime under this statute, then the following must be true:
1. the acts need to be intentional and not accidental,
2. it needs to take place without the consent of the person speaking,
3. the conversation needs to be confidential,
4. the act needs to involve the use of an electronic amplifying or recording device, either to overhear the conversation in the first place or to record it.
So, whilst you stated otherwise;
It is legal for me to record a conversation without the 2nd party's consent. Within the limits set by 632
The intent to use the recording as evidence does have a bearing on the legality of making such a recording. Again within the limits set by 632
Note too that private citizens can get around the law against eavesdropping if they record a conversation in order to gather evidence about certain kinds of crimes. This exception applies if:
1. the person doing the recording is one of the parties to the conversation, and
2. that person is recording the conversation in order to gather evidence that they reasonably believe is related to the commission, by the other party to the conversation, of one of the following crimes:
a. extortion,
b. kidnapping,
c. bribery, or
d. any felony involving violence against another person (such as murder or rape).