this post was submitted on 23 Sep 2024
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Asklemmy
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Assuming you live in the United States, you need to be aware of the laws in the state you live in. Many states are one party consent when it comes to recording. Which means if you and I are having a conversation, you can record it without telling me. One party has consented.
If on the other hand, you install a camera without your mom's knowledge, then you are not one of the two parties. This "evidence" could be thrown out of court as it is "illegally aquired".
Not to say you shouldn't do it. Protect your mom's property. I would just suggest looking into the local laws about it. I am also not a lawyer so you should look into your local laws or consult a lawyer.
IANAL, but I believe these laws cover audio recording only. OP shouldn’t have an issue if they use something that records video only.
Think about it a second. I live in a two party consent state, but I see security & surveillance cameras everywhere. If two party consent was required for video then they wouldn’t be there.
The doorbell cameras that everyone have all record audio, in blatant violation of law, and they hand it over to police. I'm surprised there hasn't been a court case to really slap those companies on the wrist.
Outdoors are generally not protected by right to privacy, even if on private property.
Someone standing in their own front lawn can be recorded with both video and audio without their consent.
This is what makes it legal to record police.
Hmm, interesting. A lot of things make more sense now.
I think there should be protections a bit stronger than that, at least. You're forced to go outside to basically live life. If you have a situation where you're forced to pass through someone else's property by geometry they lose their right to stop you, and something similar should apply here.
Yeah, that's mostly true, but the front porch of a home is part of the home for 4th amendment purposes. Police obtaining warrant-less access to your front porch would violate this.
If someone is out on the street, it can still be illegal depending on the state. In new york, for example, the definition of illegal eavesdropping includes:
There's no no stipulation about location.
The problem isn't just that it will be thrown out in court, it's that it itself is illegal.
Which doesn't necessarily mean don't do it but you're limited in how you can reveal how you know things are being stolen etc.
Agreed. I'm not entirely (barely) versed in the law, but at the very least, if it's a one party consent state, his mom would "have to set it up".
What's less clear to me is why the drastic action? Start by leaving a 20 on the dresser and see if it stays there.