Legal Question in Criminal Law in California

Is it legal to videotape someone without their knowledge or consent and can you use that footage against them in court

Asked on 7/02/13, 9:35 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It would usually be legal if the recording was made in a public place, or in a private place with the owner's consent. But there are exceptions to this rule. For example, it is not legal to secretly record a conversation which the participants reasonably expect to be private, even if it is held in a public place. It would also be illegal to record activities in private with a camera located in public, e.g. through a window into the subject's home. There are other exceptions as well. You may want to consult with an attorney if you are concerned about a particular scenario.

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Answered on 7/02/13, 10:40 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman.

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Answered on 7/02/13, 10:41 am


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