Audio Recording Question

Discussion in 'Off-topic' started by janedoedad, Jan 28, 2017.

  1. janedoedad

    janedoedad Liver Abuser

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    I understand that Georgia is a one party state for audio recording of 'private' conversations.

    Does this extend a person recording a conversation in my home without my knowledge or consent?

    Would the recorded conversation be admissible in civil court?

    Not seeking legal advice on a gun forum. I know that many of you carry recorders and will have more knowledge than I do.

    Thanks

    JDD
     
  2. a_springfield

    a_springfield Well-Known Member

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    I would lean to yes it would be legal as long as the one recording was in said conversation, but I did not stay at a holiday inn last night
     

  3. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    See also § 16-11-66 - Interception of wire, oral, or electronic communication by party thereto; consent requirements for recording and divulging conversations to which child under 18 years is a party; parental exception
    The 'one party consent' sub-paragraph.

    The 'be careful of <18's sub-paragraph.
     
    Last edited: Jan 28, 2017
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Justia.com, when giving you a response to a web browser search, always seems to default to showing you the 2010 Georgia code, but it offers you a link at the header of the page to show you the "2015 Georgia Code" instead. I always pick that one, if I'm not using the members-only service from the State Bar, Fastcase.

    The 2015 version may not be the most current version either, but it's the most recent version that's easy to find for free on the web.

    NOw, as to this Code section, does an audio-only recording of a conversation in which you are a participant even come within the scope of this law?
    It does not seem so to me.
    The language about "observation" and "record the activities" and "out of public VIEW" seems to say that it's visual images at issue here.


    THE MORE ON-POINT LAW is Code section 16-11-66.

    It says: (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication
    where such person is a party to the communication
    or one of the parties to the communication has given prior consent to such interception.

    So there ya go. Georgia is a one-party consent state as to ORAL communications--- things that are only audible, or verbal.
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Falls, I was researching my response while you finished yours and posted first.


    Good job !!

    :righton:
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    :ianal: :google:

    Would you say it .......Sparkles?
     
  7. janedoedad

    janedoedad Liver Abuser

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    Thanks for the replies.

    It appears that is perfectly legal for a contractor, or any other person in my home to record conversations with me, sans consent.

    How nice. :sad:
     
  8. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    The recording is only a record of what's been said. Would you rather depend upon faulty memory of an accurate record?

    I remember an officer saying I was evasive about my date of birth in his official report. A recording of the event proved that I said "Twelve... May... Nineteen- fifty-eight" What's 'evasive' about that?

    Didn't stop a Fed Judge from also agreeing I was 'evasive' but apparently his legal assistants didn't do much research.
     
    Last edited: Jan 28, 2017
  9. janedoedad

    janedoedad Liver Abuser

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    No. I would prefer that people have the balls to tell me that conversations IN MY OWN HOME are being recorded.


    Just like video, audio tapes can be edited.
     
  10. Wegahe

    Wegahe NRA Instructor

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    As a contractor I have used the recording method of client to me conversations without fail. It was not recorded for anything other than to make sure I did not make a mistake on the scope of work to be done. This also comes in when the client makes changes to the scope in the piddle of a project that requires extra charges or discounts.
     
  11. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    You should never allow a client to piddle in the middle of a project. :lol:
     
  12. Wegahe

    Wegahe NRA Instructor

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    Good advice... In the future I will attempt to avoid it.