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State v. Madison

The trial court did not err in suppressing two video recordings, which the alleged molestation victim made of interactions between herself and the defendant in his law office, since the recordings were made in private place without the defendant's consent.

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Lawrence Madison was indicted for various offenses arising out of the alleged molestation of W. M. The trial court granted Madison’s motion to suppress video recordings made by W. M. on the ground that the recordings were not made with the consent of all persons observed therein, and the State appeals this ruling. For the reasons noted infra , we affirm. The record shows that Madison was charged with three counts of child molestation, two counts of sexual battery, public indecency, and aggravated sexual battery. Thereafter, Madison filed a “motion to suppress illegally created video recordings,” in which he asserted that the victim, W. M., made two video recordings of interactions between herself and Madison, who is an attorney, in his law office without his consent. At a motion hearing, the parties stipulated that the videos were made in a private place, Madison’s office, without his consent. The trial court entered an order granting the motion to suppress the video recordings because 1 the recorded activity occurred in a private place and 2 Madison did not consent to being recorded. This appeal by the State follows.1

1. At the outset, we address Madison’s motion to dismiss the appeal on the grounds that the State failed to include enumerations of error in its brief, as is required by Court of Appeals Rule 22.

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