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    Default Do You Have to Tell Police That You're Recording

    My question involves criminal law for the state of: Georgia, New York

    Georgia and New York are one party consent states for recording, and that means that one party in the conversation is allowed to record. Let's say one has a dash cam or an audio recorder in the glove compartment, and they don't say anything about said recorder during the stop. If the recorder were to be found, because for some reason the car was searched, would there be any charges that the hypothetical driver could face for not disclosing the recorder. Because the law is "one party consent", and I'm thinking that this likely applies to police as well. But knowing how the law works, perhaps not. What kind of charges would be likely to stick against said driver, if any? Sure, obviously a police officer could come up with some alleged law violated (e.g. disorderly conduct or something of the sort), and they could unlawfully arrest the hypothetical individual. But I'm asking if they could come up with a charge that would stick, not what would happen on the scene if they found that there was a recorder there without their knowledge.

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    Default Re: Do You Have to Tell Police That You're Recording

    Quote Quoting Steve418
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    My question involves criminal law for the state of: Georgia, New York

    Georgia and New York are one party consent states for recording, and that means that one party in the conversation is allowed to record. Let's say one has a dash cam or an audio recorder in the glove compartment, and they don't say anything about said recorder during the stop. If the recorder were to be found, because for some reason the car was searched, would there be any charges that the hypothetical driver could face for not disclosing the recorder. Because the law is "one party consent", and I'm thinking that this likely applies to police as well. But knowing how the law works, perhaps not. What kind of charges would be likely to stick against said driver, if any? Sure, obviously a police officer could come up with some alleged law violated (e.g. disorderly conduct or something of the sort), and they could unlawfully arrest the hypothetical individual. But I'm asking if they could come up with a charge that would stick, not what would happen on the scene if they found that there was a recorder there without their knowledge.
    There would be no charges for illegally recording the conversation. In general, conversations of cops in the performance of their official duties are not considered private such that the wiretap laws would be triggered anyway. And even if that were not the case and the conversation was considered private in a one party state where you are a party to the conversation the recording is still legal.

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