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Thread: Audio recording of LEOs in Georgia

  1. #1
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    Does anybody know the laws governing recording, specifically audio, when it comes to recording an interaction with Law Enforcement? I believe that different states have different laws, but can't really find anything for Georgia. I am going to start carrying a digital recorder with me because as we all know when you open carry, you are bound to get detained. So, I would like to know the laws for when I inform the LEO that they are being audio recorded and they tell me to turn it off or take it from me altogether. I have graduated from a law enforcement academy (never got hired after graduating) and have many LEO friends from that academy, but I don't remember discussing that and when I ask my friends they don't know. Thanks..

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    Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66
    I would not volunteer the info that I was recording.

    OTOH, many of us in Ga. carry openly and have never been annoyed by police. If you can act like you are supposed to be carrying, most people (including the sheriff) will ignore you. At least that's been my experience.

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    Thanks for the reply. I have done more researching here in the last hour or so and have found a lot of useful information. Basically it states exactly what you just told me. It looks like it is a one party consent state. That means I shouldn't even have to inform the LEO. Like you stated, it probably would be a good idea not to seeing as how it would probably just piss them off.

    I did read however, that it looks like I cannot take my legally recorded conversation and "distribute" it on this website. Seems kind of odd. I may be reading it wrong, but from what I read it looks like that is so.

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    mattmed wrote:
    Thanks for the reply. I have done more researching here in the last hour or so and have found a lot of useful information. Basically it states exactly what you just told me. It looks like it is a one party consent state. That means I shouldn't even have to inform the LEO. Like you stated, it probably would be a good idea not to seeing as how it would probably just piss them off.

    I did read however, that it looks like I cannot take my legally recorded conversation and "distribute" it on this website. Seems kind of odd. I may be reading it wrong, but from what I read it looks like that is so.
    I guess it all depends on who is an 'authorized person' and who can do the 'authorizing'. If it's you who does the authorizing - as I guess you would have to do if you were to play the tape for a lawyer - then who else can you authorize?

    It is also illegal for any person to divulge or distribute to any unauthorized person or authority the content or substance of any private message, regardless of whether it is intercepted lawfully or unlawfully.

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    groats wrote:
    Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66
    So, if you are standing in line at Kroger and you have your recorder on and the couple in front of you are having a conversation about what to cook for dinner would you be violating the law?

    Technically you are not a party in the conversation that is taking place but you are recording it and they have not consented.

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    Ditto on the law. Regarding the other, I've been OCing since 1985 and I have never been detained, harrassed, questioned, etc.

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    kingfish wrote:
    groats wrote:
    Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66
    So, if you are standing in line at Kroger and you have your recorder on and the couple in front of you are having a conversation about what to cook for dinner would you be violating the law?

    Technically you are not a party in the conversation that is taking place but you are recording it and they have not consented.
    Is Kroger a 'private place'? Do you have an expectation of privacy while standing in a line that anyone can stand it?

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    so Matt when we gonna go OC together?

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    Whenever man, anytime. I'm up and working here now.

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