NACDL - Georgia - Recording Interrogations Compendium

Georgia - Recording Interrogations Compendium

Information on the policy and history of recording custodial interrogations in Georgia.

Summary

Georgia has no statute or court rule requiring recording of custodial interrogations.

Supreme Court Ruling

In Butler v. State, 292 Ga. 400, 402, 738 S.E.2d 74, 79 (2013), Butler argued statements he made during a custodial interview should be suppressed because the audio-visual recording of the interview was incomplete due to an equipment malfunction. The Supreme Court of Georgia ruled against Butler, holding that “[a]lthough recording an interview of a suspect may be the better practice . . . the law does not require that the voluntariness of a statement be proved by a recording of the interview.”