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Asked on December 9, 2012 under Criminal Law, Delaware
Answered 12 years ago | Contributor
While there is no law against recording the police, if you are the focus of a police investigation, either in a car or in a home, police can force you to turn any recording device off. This is arguably because it is a distraction to their performing their duties and they desire your undivided attention. The real reason is because they don't want anyone keeping track of anything they might do wrong or say wrong.
If the recording device is unknown to them then there is no requirement that you turn it off, such as a hidden camera or tape recorder. You can record anyone under Georgia law so long as one of the persons being recorded consents - that one person being yourself.
When in doubt about your rights as it relates to the police, your best bet is to always consult with an experienced criminal defense attorney such as those at David West & Associates. They can advise you of your rights and in some circumstances even provide you counsel while you are interacting with police if you are on retainer with their firm.
Good Luck
David S. West
Senior Attorney
David West & Associates
www.westdefense.com
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