Recording evidence

The defendant, after invoking his right to a lawyer, was in a police station interview room with his family and made statements that were recorded by the police station equipment. In Rasheed v. State 292 Georgia 414 2013, the court ruled that the defendant had no reasonable expectation of privacy and therefore, there was no basis to suppress the statements under the fourth amendment. Even if he had a subjective expectation of privacy, it was not objectively reasonable. Georgia distinguishes a difference between recorded conversation and photographing or surreptitiously observing the activities of another person, and when consent of one participant in a conversation amounts to an exception to the prohibition. In this case, a child used a hidden camera court her meeting with her abuser. The court held that the hidden camera evidence would be suppressed. It appears that an audio recording would not have been suppressed in this situation. It is clear the courts make a distinction between audio and video recordings.  If you are facing criminal charges be sure to contact Douglas County criminal defense lawyer immediately to help you. State v. Madison, 311 Ga. App. 31 (2011). If you are charged with the criminal offense is important to contact a Douglas County criminal defense lawyer who is up to speed on case law and your rights.

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