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Location, Location, Location: A "Private" Place And Other Ailments Of Georgia Surveillance Law Curable Through Alignment With The Federal System, Mary B. Martinez
Location, Location, Location: A "Private" Place And Other Ailments Of Georgia Surveillance Law Curable Through Alignment With The Federal System, Mary B. Martinez
Georgia Law Review
Georgia visual surveillance law prohibits any person
from observing, photographing, or recording any other
person in a private place and out of public view without
the consent of all persons observed. The rigidity of this
all-party consent requirement and the ambiguity of the
private/public place distinction leave investigators and
prosecutors in Georgia guessing as to the admissibility of
visually recorded evidence much of the time. On the other
hand, federal visual surveillance law encompasses a one-
party consent exception and is couched in terms of a
reasonable expectation of privacy under the Fourth
Amendment. Moreover, several federal courts have stated …