Legal Considerations

Georgia is a “one party” state. This means that the state of Georgia does not prohibit a person who is a party to a conversation from recording it, and does not prohibit recording if one party to the conversation has given prior consent. In other words, it is OK if two people are having a conversation and one of them is recording it.  The recording can be presented in a court of law.

On the other hand, a recording made with a hidden device under the bed or the car seat with only one of the parties present may be enlightening, but is not admissable.

It is important to be able to reference any edited recording with the original in order to prove that the words on the recording have not been altered – only that the intelligibility has been improved.  I make sure to provide you with the original version of the recording in addition to the audio enhanced version.  In cases where only parts of the original recording are extracted and processed, they are referenced by their time location and duration in the original.

Concerning video, in the state of Georgia it is illegal to use a hidden video 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."

You should check the laws of your state to be sure you are in compliance. Follow this link to a state-by-state guide published by the Reporters Committe for Freedom of the Press.