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Legalities of Recording with a Hidden Camera in your Home

In the United States it is generally legal to record with a hidden camera inside your own home. For the most part this can be done without the consent of the person being recorded. Keeping in mind that video recording and audio recording are completely different entities. Audio recording is also examined below.

Before you place any hidden spy cameras or "Nanny Cams" in your home, it is a good idea to be sure that your particular state laws uphold this type of recording. To be extremely safe, it may also be wise to speak with an attorney about the specific ways you plan using your camera.

For the majority of all states, it is illegal to record in any area (including those inside your own home) that have a reasonable expectation of privacy such as the bathroom, others bedrooms etc.

Legalities of Recording with a Hidden Camera in Public

Using a hidden camera in public generally has the same legal particulars as recording inside your home. You may covertly record in any public place where a reasonable expectation of privacy does not apply such as restaurants, parks, shopping malls, city streets etc. It is illegal to covertly record in any public place that has that expectation of privacy such as washrooms, hotel rooms, change rooms, locker rooms etc.

Also keep in mind that it is illegal in any state to record someone for any malicious intent, including blackmail etc. All rights are waived if you record under these circumstances even if you have followed the law to the letter in all other regards.

Legalities of Employers Recording with a Hidden Camera in the Workplace

Employers may video record in the workplace with the same general exception that they do not record in areas that are considered private. Currently, there are no set of firm laws stating whether your employer need inform you of hidden cameras. Many business owners do choose to make the fact that hidden cameras are installed general knowledge, they are not legally expected to.

Legalities of Recording Audio with a Hidden Device

Laws surrounding audio recording are slightly clearer than laws regarding hidden cameras recording video. Federal and state laws require one of the participating parties consent when recording a telephone or in-person conversation. Many of the states allow 'one-party consent', but there are a few that do not. These include; California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Hawaii is different than all of the above in that it allows one-party consent in regards to audio recording, but insists on two-party consent if the recording device is located in a private area.

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Renee Laurin

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Many people who are arrested for a DUI are repeat offenders. Many of these repeat offenders have had their driver's licenses suspended, and many may even have a restricted license when they are arrested again. One method that is being hailed as a solution to repeated arrests for a DUI is an ignition interlock device. When properly installed, this device prevents a vehicle from being started by a driver who has a blood alcohol content in excess of the legal limit.

An ignition interlock device is approximately the size of a cell phone. It is attached to the ignition of an automobile, and contains a mouthpiece that the driver must blow into before turning the key. After doing so, the individual's blood alcohol content is calculated by the machine. If the level is too high, the ignition becomes locked and the vehicle cannot be started. Drivers must also breathe into the device periodically while the vehicle is in motion. This prevents an individual from having someone else start the vehicle because he or she is intoxicated. Should it register too high, the lights on the automobile will begin flashing in order to alert law enforcement.

This equipment is typically monitored by a third-party. The monitoring agency keeps a log of the activity that occurs on the machine and may submit this information to the defendant's probation officer. This information can also be introduced as evidence in court whenever a driver is asking for his or her license to be fully reinstated. Too many failed attempts to drive while intoxicated could result in a judge denying the reinstatement.

All costs associated with the ignition interlock device are paid by the defendant. The cost of installation can be anywhere from $50 to $200 depending on the type of vehicle it is being placed in. Monthly monitoring fees can run from $50 to $100. These devices must be calibrated on a regular basis, and the cost of calibration and maintenance is usually included in the monthly monitoring fees.

The state of Virginia recently passed legislation making it mandatory for first time DUI offenders to have an ignition interlock device installed in their vehicles. This new law was passed after several companies that manufacture these devices advocated for the legislation. While many agree this law will lead to greater highway safety, others question whether corporate greed was at the heart of this new statute.

Criminal defense attorneys also question whether the requirement will place an undue burden on first-time DUI offenders. Those who are found guilty of a first DUI typically have a restricted driver's license, which enables them to drive to and from work. When the monitoring fees are coupled with mandatory drug and alcohol counseling, probation fees and other court fines, many fear the financial burden will be overwhelming. This could make it impossible for first-time offenders to maintain a conditional driver's license and may affect their ability to hold down employment.

These devices are already mandatory for Virginians who have had multiple offenses, but other first-time offenders were sometimes ordered to have an ignition interlock system installed if they had caused bodily injury or had a blood alcohol content that was more than twice the legal limit.

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