Audio and Video Surveillance and The Law
                                              (866) 640-1010
                                                 matecheck@matecheckpi.com

           

We receive many calls from prospective clients about whether or not it is legal to record cell phone conversations, phone conversations, face too face conversations, or bugging rooms to hear what other people say. You need to be careful because this type of activity could be illegal.

I will give you our experience with this topic and then you can read the law United States Code, Title 18, Section 2510 (2).

Some states are two party states and some are one party states. What that means is in a two party state both people must be aware of the recording and in one party states only one person must be aware of the recording. Even in two party states it can be permissible if criminal behavior is involved. You may be the victim of blackmail, stalking, phone harassment, domestic violence. Phone harassment of any kind could fall into the category that would make recording the conversations legal. For instance the most recent big case that comes to mind is the Mel Gibson case. The authorities first thought was that Mel’s wife was within her rights because of the suspected criminal behavior on Mel’s part.

When it comes to recording video or sound in your home you must understand that you are entitled to conduct surveillance for your safety. Surveillance systems that are intended for your and your families’ safety are perfectly legal as long as that is your intended intent. You must remember that surveillance cameras that record video and sound must be placed in common areas such as kitchen, living room, hallways, game rooms and other common areas. Places like bathrooms and bedrooms are places where privacy is expected.

As far as your vehicle goes if you are trying to detour a thief from breaking in and stealing your car you can protect it with surveillance equipment. Just like the police they install surveillance on “bait cars” to capture the activity of potential thieves.

Just like nanny cams many people have saved their children’s life buy the use of these devices so don’t let the law scare you just make sure that you get the advise of an attorney on a phone consult to make sure what you are doing is legal. Just remember there are always exceptions to the law.

United States Codes, Title 18, Section 2510 (2) states:

“Oral communication means any ‘oral communication’ uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation”.
By definition of this code section, a person does not have an expectation of privacy, nor can he or she expect that communication will not be intercepted or recorded, if there are public signs posted which state that the communication will be intercepted or monitored. Theoretically speaking if you want a room bugged, you must put up a sign that indicates what you are doing. This is the same for public places like stores and government buildings as well as private homes and property. The First Amendment of the Constitution states that any conversation between individuals is private, unless otherwise notified.
You can be within earshot of a person in a public place and overhear what they are saying.

Businesses must post a sign in plain view to notify their patrons that video or audio monitoring is present.

You can try to conduct your own investigations but you are definitely better off hiring a licensed private investigator to get the job done for you. Especially if you intend to use your evidence in Court, you want to make sure that you have obtained your evidence legally so you can use it. Private investigators know the law when it comes to surveillance of any kind and they know what they can and cannot do.

Disclaimer- The above information is not to be taken as legal advise and you should consult an attorney in your jurisdiction to make sure that your intentions are legal in your area.
             
 

 

Mate Check Private Investigations
Specializing in Domestic Relations Cases

+1 (480) 391.1010 / +1 (866) 640.1010
matecheck@matecheckpi.com
 License # 1003408

*Mate Check welcomes same sex and alternative lifestyle cases

All Inquiries held in the strictest Confidence

No Obligation Consultations     Call or Email Us Today