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"One party consent" what does that mean?
Anonymous1 views1 answers
Does that mean I can record someone as long as I give consent if I'm a party to that conversation. And do they or do they not have to know they are being recorded?
John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
Georgia, like most states, is a "one party" state for audio recording conversations. That means that any party to a conversation can audio record the conversation without the knowledge of any other party to the conversation. Just make sure all parties are in Georgia, because if even one of them is in an "all-party" state, you would likely be breaking the law of that state to record the conversation.
Just owning the telephone doesn't make someone a "party" to the conversation, so it is illegal to "tap" the telephone of your own house to record the conversations that other people in the house have with other people. But few homes are hard-wired for telephones anymore, so nowadays the recording questions deal with having your cell phone in your pocket recording a face-to-face conversation, or using some sort of application to record a conversation you are having on the telephone. Subject to the limitations I've mentioned above, these recordings are legal and almost always found to be admissible.
The same rule does not apply to video recordings in private places (such as homes). In a case called State v. Madison (2011), the Georgia Court of Appeals held that for video recordings Georgia is an "all-party" state, meaning that all parties video recorded must consent to the recording. So if you want to video record what is going on in a private place, all parties must consent. (Frankly, I think this is a problematic ruling, as it basically makes many common recordings illegal. Consider, for example, recording your child's Christmas play at church. The church is a private place, so unless you have the consent of every person in the room and on stage, you're breaking the law.)