When Linda Tripp started recording her phone conversations with Monica Lewisky in 1997, basically because she didn't like Bill Clinton (even though she worked for him, and claimed she did), people thought it was ridiculous. The cashier at the spy shop she bought the telephone bug at said he told her it was illegal. That made it illegal evidence. At least for her, a private citizen. If the state asked her to do it, the 4th Amendment would apply. But under the Constitution, it doesn't matter how a private citizen violates your rights. Which is pretty stupid. In modern constitutions, it usually does. Just like in 2001, when Martha Stewart may have committed insider trading. She herself wasn't sure, and was open and honest about what happened. They cut her a sweetheart deal. She would only spend 5 months in "Camp Cupcake", a federal prison in West Virginia. If she agreed she committed perjury. By pleading "not guilty". It was a wonderful deal for her. But what about the rest of us? Don't we all have the right to plead not guilty? Under the Fifth and Sixth Amendments? Prosecutors are always trying find clever ways around the Constitution. They're allowed to and it usually works out good for their cases. But it always works out very badly for the rest of us.