Can a judge give an order that security camera footage of a break in from a neighbors cameras can’t be used or subpoenaed unless it involves assault or death?

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Can a judge give an order that security camera footage of a break in from a neighbors cameras can’t be used or subpoenaed unless it involves assault or death?

The neighbor took the other neighbor to court because they felt the security cameras invaded their privacy. Eventually, he had to change the angle of the camera. Could the neighbor with the cameras have asked the judge for a ruling that states if the other house gets broken into there were break ins in the neighborhood, it is left up to the neighbor to give over footage of the break-in unless it’s an issue of murder or assault?

Asked on March 18, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, a judge cannot impose that rule, since a judge has no power to limit a person's rights after potential future cases that do not exist or have not been filed yet, or to deprive a person of their rights (like the right to subpoena evidence) under the rules of court in other cases. A judge can only issue a ruling affecting any case(s) which are actually before that judge.


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