Is it illegal to set up a video only recording device to catch my wife in the act of adultery?

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Is it illegal to set up a video only recording device to catch my wife in the act of adultery?

I’m from Pennsylvania. Is it illegal to set up a video recording microphone
disabled device in my basement to catch my wife who I’m 100 sure is cheating
in the act? The only catch is that I allowed my friend to move into the basement
while he gets back on his feet and he has repaid me by starting to sleep with my
wife. I just want to know if I’m doing anything illegal if I own the home and
placed this video only recording device hidden in the basement to get evidence
for my divorce case.

Asked on November 16, 2016 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are allowing him to stay there, you can't put a camera in the space you've let him use: as a guest, he has a reasonable  expectation of privacy in the space you are letting him sleep/stay in and has a certain degree of possession or control over that space. He could likely sue you for filming him in this space. You could put a camera in other areas of the home (other than bathrooms), since he has no reasonable expectation of privacy in, or control over, those areas.


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