Can law enforcement videotape their conversation with a suspect without the consent of everyone in the room?

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Can law enforcement videotape their conversation with a suspect without the consent of everyone in the room?

 I recently read GA statutes that said it is illegal to use a hidden video camera to record a persons activities. Wouldn’t this situation apply. Here is the code. Ga. Code Ann. § 16-11-62(2. Use of a hidden camera “without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view” is illegal as well. Ga. Code Ann. § 16-11-62(2).

Asked on April 13, 2011 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Interpretation of a Georgia statute is best asked to an attorney in Georgia that is familiar with how the courts have ruled on the issue and applied the statute to certain fact situations.  What I can say is that many conversations with suspects are videotaped by law enforcement in every state.  Consent is an issue specific to the state on the matter but I would think that it would indeed be a necessary part of the "event" is all states.  You really have not given all the facts as to the situation in which you are involved so it is difficult to say the least to discuss the matter in this forum.  Please go and get some advice if you feel that your rights may have in some way been violated.  There are other laws that may apply  - Constitutional ones - and you need to sort this out.  Good luck.


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