Georgia Firearm Forums - Georgia Packing banner
1 - 13 of 13 Posts

·
Liver Abuser
Joined
·
1,057 Posts
Discussion Starter · #1 ·
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
 

·
Registered
Joined
·
3,405 Posts
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
 

·
I watch the watchers
Joined
·
12,885 Posts
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.
(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.
The 'be careful of <18's sub-paragraph.
(b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.
 

·
Lawyer and Gun Activist
Joined
·
28,519 Posts
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.
 

·
Lawyer and Gun Activist
Joined
·
28,519 Posts
Falls, I was researching my response while you finished yours and posted first.


Good job !!

:righton:
 

·
I watch the watchers
Joined
·
12,885 Posts
:ianal: :google:

Would you say it .......Sparkles?
 

·
Liver Abuser
Joined
·
1,057 Posts
Discussion Starter · #8 ·
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:
 

·
I watch the watchers
Joined
·
12,885 Posts
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.
 

·
Liver Abuser
Joined
·
1,057 Posts
Discussion Starter · #10 ·
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.
 

·
NRA Instructor
Joined
·
3,391 Posts
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.
 

·
I watch the watchers
Joined
·
12,885 Posts
You should never allow a client to piddle in the middle of a project. :lol:
 
1 - 13 of 13 Posts
Top