Surveillance Laws.. Do I have to post a sign at my house..?

[chr1z 0]

If I install a surveillance system at my house... legally... does a sign have to be posted say at the end of the driveway or is that totally up to me or what? How does that work?

 

Also... say you wanted to use the video as evidence for a theft etc... does whether or not a sign is posted determine if the video is allowed as evidence or not? (This sound stupid to me even asking, but I'm almost thinking maybe you do knowing our goody legal system)

 

Thanks in advance!!

 

p.s. I'm just outside of Atlanta, GA if that matters.

[zmxtech 0]

I always like

 

"this house is protected by Smith & Wesson"

 

[chr1z 0]

Yeah me too, but when our house got broken into recently, that worried me the most... the guns were inside and I wasn't lol.

 

I always like

 

"this house is protected by Smith & Wesson"

 

[zmxtech 0]

that easy to fix some of string on the door knob..... and some duck tape...

[metafizx 0]

it can vary state to state.

 

Generally, if the camera is visible, not recording audio, and is not invading the privacy of an individual (no private areas), then is usually considered legal without consent.

 

For example, video survelliance of a parking lot would be legal, but survelliance of a bedroom would not be legal.

 

general surveillance laws:

http://videosurveillancelaws.tumblr.com/

 

Here is a document on pubilc video surveillance from California law.

 

http://www.library.ca.gov/crb/97/05/crb97-005.html#publichousing

 

In general it allows video only surveillance of public areas.

 

The CCTV system cannot record Audio, that is generally illegal without a warrant.

 

I believe the same applies to home use. If you do capture audio, then it cannot be used in court. I don't know if audio recording considered illegal in your own home, but without warning the occupants, it might be.

 

Obviously you cannot record private areas, such as bathrooms, showers, locker rooms, or changing areas.

 

It can also be a legal problem for hidden cameras. so check your local laws. This means coming onsite for covert survelliance as well.

 

Some states specifically prohibit covert survelliance in a "private" place, like a motel room.

 

"nanny cams" are also a subject of legal debate. generally it is accepted for "video only" survelliance, but no audio unless you have written consent by the persons being recorded. Still a sticky legal issue is the camera is hidden without consent. Best to get written consent to being monitored up front when the employee is hired.

[chr1z 0]

I appreciate the info...

I'm basically just wanting to make sure I don't need to do anything special to record my driveway and around the outside of my house....

[Thomas 0]

it can vary state to state.

 

Generally, if the camera is visible, not recording audio, and is not invading the privacy of an individual (no private areas), then is usually considered legal without consent.

 

For example, video survelliance of a parking lot would be legal, but survelliance of a bedroom would not be legal.

 

general surveillance laws:

http://videosurveillancelaws.tumblr.com/

 

Here is a document on pubilc video surveillance from California law.

 

http://www.library.ca.gov/crb/97/05/crb97-005.html#publichousing

 

In general it allows video only surveillance of public areas.

 

The CCTV system cannot record Audio, that is generally illegal without a warrant.

 

I believe the same applies to home use. If you do capture audio, then it cannot be used in court. I don't know if audio recording considered illegal in your own home, but without warning the occupants, it might be.

 

Obviously you cannot record private areas, such as bathrooms, showers, locker rooms, or changing areas.

 

It can also be a legal problem for hidden cameras. so check your local laws. This means coming onsite for covert survelliance as well.

 

Some states specifically prohibit covert survelliance in a "private" place, like a motel room.

 

"nanny cams" are also a subject of legal debate. generally it is accepted for "video only" survelliance, but no audio unless you have written consent by the persons being recorded. Still a sticky legal issue is the camera is hidden without consent. Best to get written consent to being monitored up front when the employee is hired.

 

With Audio, the law works based on parties to the conversation. Home ownership isn't a factor at all. In this case a party is defined as a person as someone actively taking part in the conversation.

 

At least one party must be aware of the recording for the federal guidelines, and most one party consent states. Two party consent states require everyone in the conversation to be aware of the recording.

 

Home ownership or paying the phone bill has zero bearing on this.

[chr1z 0]

I'm just going to be recording video anyway... no audio.... so I should be ok without posting a sign or something correct?

[CCTV_Suppliers 0]

I'm just going to be recording video anyway... no audio.... so I should be ok without posting a sign or something correct?

 

Yes... Just cover your premise... and do not give the neighbors an opportunity to complain that you are watching their backyards...

[Deluxecctv.com 0]

There are some fine lines for this rule. If this is your personal private home and you are using the video strictly for video surveillance of an individual to catch in the act of breaking the law, then no. You don't have to have a sign posted.

 

If it is a public place such as a retail store, then yes you must have a sign posted. Audio is a whole different ball park. I would not have audio in the first place because that becomes to sticky, but if you must, I would place a sign up even at your personal home.

[TallDoode 0]

So to add to this - is video surveillance of my home to catch criminals or deter them? Personally I would rather deter them by putting up a "look up and smile at the camera stupid" sign. I have video of guys checking our car doors at 2:30 in the morning but the picture is too grainy to be of any use identifying them. They would never have seen a sign that they were under video surveillance (i.e. they jumped out of thier car and checked our cars and left quickly).

 

My plan is to put up signs stating the property is under video surveillance in case someone is "casing" my home to come back later (we get a lot of flyers on our door every week for lawn care, home cleaning etc) but hopefully catch anyone who doesnt see the sign.

 

Just curious if you guys are "catch em" or "deter em" sort of members . I am new here.

 

Cheers,

 

dave

[vp4 0]

I am confused. I need to have sign to monitor outside of my home? I can't record audio? I am getting harassed by some teens who come over to my home at midnight, kick my door and run away. I don't know if this is a real home invasion or just some punks doing it, till I jump out of my bed and turn the lights on and go to the door. So far, it has always been some punks. I have just installed Nuvico CB-HD2P-L at my front door. I had called 911 in the past and the cops tell me they are busy with accidents and robberies, etc. I want to record them and file a criminal complaint. I want to record audio of them kicking my door. Is recording the audio illegal? That makes no sense to me if it is illegal.

[Thomas 0]

I am confused. I need to have sign to monitor outside of my home? I can't record audio? I am getting harassed by some teens who come over to my home at midnight, kick my door and run away. I don't know if this is a real home invasion or just some punks doing it, till I jump out of my bed and turn the lights on and go to the door. So far, it has always been some punks. I have just installed Nuvico CB-HD2P-L at my front door. I had called 911 in the past and the cops tell me they are busy with accidents and robberies, etc. I want to record them and file a criminal complaint. I want to record audio of them kicking my door. Is recording the audio illegal? That makes no sense to me if it is illegal.

 

The recording of audio is always a very touchy area. The short answer is:

 

You won't make the evidence that much stronger, but you do run the risk of breaking the law yourself. It's not worth it, and no matter how much you've convinced yourself that you need the audio of the door being kicked, you're wrong.

[Sawbones 0]

Video is probably all you need... a picture is worth a thousand words.

 

Case in point: I caught some kids who were doing ring-and-runs in the neighborhood. Got a great picture of one of them on my front-door cam late one night. I recognized the ringer as a kid in my neighborhood... lives around the block from my home. My large dog went absolutely insane... hurling herself against the door... and they all took off.

 

They only did it once, so I didn't dime out the kid to his dad. If they'd kept it up, I would have burned a CD of the video, taken it to his father and asked him if he wanted to take care of it himself, or if he wanted ME to take care of it...

 

Get the video... that'll be enough.

[vp4 0]

Sawbones, you are nicer man than I am. May be because we have been harassed for over a year now and always very late in the night when we are in bed asleep. When I get the video, I am going straight to the police station and filing a criminal complaint and will pursue till they pay a price that will deter them from ever doing it to us or anyone else again.

[bob332 0]

anybody know how this applies to condos and the common area? basically i am going to put 2-4 cameras in the windows (on the inside facing opposite directions) due to an slight increase in theft in the area since the economy is in the crapper. i might duplicate a couple views in a certain direction w/ a higher zoom lense since a couple catalytic converters have been ripped off costing the owners $600-$700 and i can see out to the parking lot from my condo. anything i need to do? or who to contact regarding this situation?

[metafizx 0]

anybody know how this applies to condos and the common area? basically i am going to put 2-4 cameras in the windows (on the inside facing opposite directions) due to an slight increase in theft in the area since the economy is in the crapper. i might duplicate a couple views in a certain direction w/ a higher zoom lense since a couple catalytic converters have been ripped off costing the owners $600-$700 and i can see out to the parking lot from my condo. anything i need to do? or who to contact regarding this situation?

 

i am not an expert, but as long as you are not recording audio, and not zooming in intentionally to someone's bedroom, then general surveillance to protect your property and belongings is within your rights.

 

ask yourself the basic question, "Am I violating someone's privacy of their own home ?" if the answer is no, then you are probably in the clear.

[wully 0]

Has anyone ever seen or heard proof of anyone actually getting in trouble for recording with only good intentions? I.E. to protect yourself or your property.

 

Where I'm originally from (Illinois) has pretty stringent recording and video laws, yet I've heard conflicting accounts from lawyers.

[Scott Broscious 0]

The answers here are mostly accurate, but some are a bit confusing. This is because the law is typically unclear in these situations.

 

Generally the law with video is that you must not tape an area where someone would expect a certain level of privacy, like a bathroom, regardless of if it is your own home or not. If your system only functions to watch your home you dont have to warn anyone that there is a camera anywhere, now if your recording OUTSIDE of your home I'd suggest all your neighbors be made aware and that you ensure that you are not recording thier property.

 

If you own a retail store, nope, you dont have to place signs any where however your cameras must be plainly visible so that someone of reasonable intelligence would be able to know that they are being recorded. As far as hidden cameras....Id suggest a sign.

 

 

 

The law with audio is even more dodgey. What I suggest is...don't record audio. If you absolutely must record audio research your local laws as some states out right ban it, others require the consent of one of the individuals being recorded and others require all parties consent. Again, unless absolutely necessary I do not suggest you record audio.

 

 

 

 

Has anyone ever seen or heard proof of anyone actually getting in trouble for recording with only good intentions? I.E. to protect yourself or your property.

There are plenty of cases where this happens, which is the number one reason why I don't suggest anyone record audio at all!

 

I was a juror in a case in NJ where someone had been recording a family function and caught someone trying to get into a car that didn't belong to them. The "innocent" recorder went to get a better view so that the tape could be shown to the police. Unfortunately for him, and the owner of the car, he caught parts of the phone call the car thief was making at the time. He was fined, I'm not sure how much i wasn't part of that case, and the video was removed from court records.

[wully 0]

Thanks for the answer. That is amazing that things like that get people in trouble.

 

I have no problem with no audio. My main concern was if there were cameras in my car for accident purposes -- the legality on that. In my research it seems in most states to be legal, I just wasn't sure if there was a more comprehensive guide somewhere.

[Soundy 1]

The only "comprehensive guide" you'll find will be a local law library - as Scott points out, the laws vary from one region to the next. In Canada and the US, these sorts of laws are usually set on a state or provincial basis.

 

Rather than asking lawyers about the exact law surrounding the issue, you might be better asking them about past cases and rulings... especially since future rulings may depend as much on precedent as they do the letter of the law.

[Scott Broscious 0]

That is amazing that things like that get people in trouble.

Once in a great while a law will end up hurting those it's meant to protect, just remember that these laws protect alot more people than they hurt! If you're not familar with all of your "rights" to privacy, I'd suggest you research how these laws help you out!

 

The "right" to privacy is something that's given to you by your government and knowing how you and, in this case, everyone else is protected can very well end up protecting you from that government. I'm sure the man who made the tape in my example wished he hadn't caught that audio, and I'm sure if it ever happens again he'll be sure he doesn't!

 

as Scott points out, the laws vary from one region to the next. In Canada and the US, these sorts of laws are usually set on a state or provincial basis.

I feel it also important to point out that even though its legal for something to be done in your state, it may not be in your city/town.

 

Rather than asking lawyers about the exact law surrounding the issue, you might be better asking them about past cases and rulings... especially since future rulings may depend as much on precedent as they do the letter of the law.

That's really good info soundy! I've always suggest reading up on the laws but never even considered looking into past related cases. I think that's something else I'll throw in for future advice...thanks!