Can I be video/audio recorded without my consenton myown property?

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Can I be video/audio recorded without my consenton myown property?

I took a plea bargain as I was told there was video/audio evidence against me. After I got out of jail I asked for this evidence from my public defender. She said she does not have it nor has she ever seen it. The PD told me that I would serve a lot longer if I fought this (with this evidence against me). I took the plea (under extreme duress) to shorten my jail time to get out to pay my mortgage. The police have also refused to give me this evidence. I wish to reopen this case. Isn’t video/audio evidence(on ones property) illegal? The police also lied about other evidence.

Asked on December 7, 2010 under Criminal Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are number of situations  in which you *could* be videotaped, etc. on your own property and the tape used as evidence against you:

1) If you were visible from a public area, such as public road or sidewalk. If the police can see a criminal act from where they are legally standing or parked on public land, then they can act on that--there is no violation of the 4th amendment. And if they can see it from public, they can videotape it.

2) If a neighbor or other private citizen videotaped you and the police were not involved until someone passed the tape over to them--you may have a privacy violation claim against that person, but it's not clear that the tape could not be used as evidence if turned over to the police--in this case, the police did nothing wrong, so there's no need to throw out the evidence.

3) If the police had a warrant.


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