Is it legal for police officers or a confidential informant to use a hidden video camera insidesomeone’s home without a warrant?

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Is it legal for police officers or a confidential informant to use a hidden video camera insidesomeone’s home without a warrant?

Do police need a search warrant for a confidential informant doing video surveillance inside somebody’s home with a hidden video camera? Also, Is there any way to disallow the video into evidence if no warrant was issued?

Asked on October 24, 2010 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is best asked to your defense attorney who will know the law in your state.  But I can tell you that in New York - and I can probably bet it is the same in Florida - a search warrant would be needed to do what the confidential informant did in your case.  And not only that, the confidential informant could face a charge of burglary.  Whether or not the video would be what is known as "suppressed" ( and a hearing known as a suppression hearing would be held) could hinge on the determination of whether or not the confidential informant did this on his own or as an agent of the police department.  Good luck.


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