¶1concurring specially. I do not agree with the majority opinion’s statement in Headnote 1 that: "The prohibitions of Code Ann. § 26-3001 on 'Unlawful Eavesdropping and Surveillance’ relate to one who is not a party to the conversation” nor do I agree with the discussion of this subject beginning at page 838. (Emphasis supplied.)
¶2If the private conversation of two persons is secretly (clandestinely) recorded by one of such persons, this constitutes an unlawful invasion of privacy. See Code Ann. § 26-3001 (Ga. L. 1968, pp. 1249, 1327). This statute goes far beyond mere "eavesdropping” and specifically provides that it is also unlawful to "transmit or record” the private conversation of another which originates in any private place.
¶3Of course, there are certain exceptions, such as the giving of consent by all persons involved. Code Ann. § 26-3001 (b). Further, law enforcement officers are excepted while trying to apprehend one suspected of violating the laws, provided an order (warrant) of superior court is obtained and the surveillance and recording are performed in strict accordance with several statutory provisions. (See Code Ann. § 26-3004 and all subdivisions; Ga. L. 1968, pp. 1249, 1328; 1972, p. 615; 1972, pp. 952, 953). Another exception is when the message itself shall constitute the commission of a crime or is directly in furtherance of a crime, and if one of the parties thereto shall consent. See Code Ann. § 26-3006. (This is the only provision under Georgia law where the consent of one party only is sufficient to give legality to the clandestine recording of a conversation or message which originates in a private place.)
¶4I consider it quite important to note my disagreement with the majority opinion, because otherwise I would give sanction to what I know is not the law, that is, that *842one party may clandestinely record and report the conversation he has with another party in a private place. To do so legally he must come within the purview of one of the exceptions herein noted. For instance, the law-enforcing officer is not within an exception when he records and reports a conversation which may afford evidence of guilt of a crime previously committed. To come within the exception, the conversation must itself constitute a crime or be in furtherance of a crime.
¶5The majority opinion relies strongly upon and quotes from United States v. White, 401 U. S. 745 (91 SC 1122, 28 LE2d 453), using several pages. But only four justices concurred in the quoted language, and of course, it is not binding and is not a precedent. Mr. Justice Brennan concurred in the judgment only, and at p. 755 very pertinently states: "In other words, it is my view that current Fourth Amendment jurisprudence interposes a warrant requirement not only in cases of third-party electronic monitoring . . . but also in cases of electronic recording by a government agent of a face-to-face conversation with a criminal suspect ...” (Emphasis supplied.)
¶6It is hardly necessary to remind that there was no warrant in the case sub judice.
¶7But, the federal authorities are not applicable here because the federal law is completely unlike the Georgia law. Title 28 U.S.C.A. § 2511 (2) (c) (d) specifically provides that if one of the persons acts under color of law and is a party to the conversation, it is not unlawful for him to intercept such communication. But the Georgia law, as found in Code Ann. § 26-3006 (Ga. L. 1968, pp. 1249,1333) provides that it is not unlawful to record the message when both parties to the conversation consent; or where the conversation is itself a crime or in furtherance of a crime. Thus, it is readily seen that the federal law is much more liberal towards the government than is the state law, and we repeat that the federal authorities are *843inapplicable.
¶8The majority affirms the denial of a motion to suppress evidence in this case, and I concur in the judgment. The evidence shows that the conversation which was electronically recorded was one wherein defendant proposed to bribe the officer. Of course, this is an exception to the general rule and is covered by Code Ann. § 26-3006. Also see Ansley v. State, 124 Ga. App. 670 (4) (185 SE2d 562).