Recording Law for Police & Civil Rights in Georgia

Yes, you have a First Amendment right to record on-duty police officers performing their duties in public places in Georgia. A federal appeals court ruled in Smith v. City of Cumming (2000) that this right exists under the First Amendment. In 2021, the Eleventh Circuit held in Crocker v. Beatty that Smith's right-to-record-police holding was not 'clearly established' enough to overcome qualified immunity in a case where a deputy seized a bystander's phone after he photographed a crash scene, meaning officers frequently escape civil liability despite the abstract right. In 2025, the Eleventh Circuit further narrowed the right-to-record doctrine in government-facility contexts in DeWitt v. Haney, underscoring that while the abstract right exists, its contours remain unsettled and officers often avoid damages liability via qualified immunity.

Georgia’s wiretapping law, O.C.G.A. § 16-11-62, only applies to recordings made in a "private place" where someone has a reasonable expectation of privacy. O.C.G.A. § 16-11-60(3) defines "private place" as "a place where there is a reasonable expectation of privacy." The law bars clandestine recording of private conversations or non-consensually observing/photographing activities occurring in such places and out of public view, subject to statutory exceptions. But a public traffic stop or street encounter is not a "private place." The Georgia Court of Appeals confirmed this in Gary v. State, 338 Ga. App. 403, 790 S.E.2d 150 (2016), ruling that § 16-11-62 does not apply to activities in a public grocery store. For audio recording, Georgia follows a one-party consent rule under O.C.G.A. § 16-11-66, meaning you can record conversations you are part of without telling the other person. But this rule only matters if the conversation happens in a private place, which a public police stop is not.

Even though recording police in public is legal, officers may still order you to stop or seize your device. The Eleventh Circuit’s 2021 Crocker v. Beatty decision shows that while the right to record exists, officers can sometimes avoid civil liability for interfering. If an officer tells you to stop recording during a traffic stop or public encounter, you should comply to avoid escalation. Recording police is legal, but how officers react can create real-world complications. Always stay calm and follow lawful instructions while continuing to record if possible.

Georgia’s law treats recording in a home differently. Under O.C.G.A. § 16-11-62(2), recording activities in a private place without consent is illegal. But the residential curtilage exception has a contested legislative history: it was originally enacted in 2000 via two conflicting bills (House Bill 1576 and Senate Bill 316), invalidated by the Georgia Supreme Court in Rutter v. Rutter, 294 Ga. 1, 749 S.E.2d 657 (2013) as not surviving due to irreconcilable inconsistency, and only restored/re-enacted by the 2022 SB 539 amendment. Today, homeowners, residents, security-system subscribers, or family members can record activity in their own home without consent. This exception only applies to visual recording of activities, not private conversations. If you’re recording inside someone else’s home or a hotel room, you still need consent from everyone present. The law does not extend this exception to other private places like offices or dressing rooms.

Imagine you’re pulled over on a public road in Georgia. You start recording the officer with your phone. The officer asks you to stop recording and tries to take your phone. Under Georgia law, you have the right to continue recording because it’s a public encounter. However, the officer may still seize your device. If they do, you can later argue in court that your First Amendment right was violated, but the officer might avoid civil liability due to qualified immunity. The key is to stay calm, follow lawful orders, and document what happens.

Violating Georgia’s wiretapping law by recording in a private place without consent is a felony under O.C.G.A. § 16-11-69, punishable by 1 to 5 years in prison and/or up to $10,000 in fines. This penalty applies only when you record in a private place without consent under O.C.G.A. § 16-11-62. Recording police in public does not violate this law. If you record inside someone’s home without consent and don’t qualify for the homeowner exception, you could face felony charges. Always check the location and who is present before recording in private spaces.