Legal Concerns
America contains a very litigious society and there are some definate
legal considerations that you need to know about. This is by no means
legal advice and if you should always consult with an attorney in your
state prior to conducting surveillance of any form. Faillure to obtain
proper legal advice could expose you to criminal and civil charges with
possible fines or jail time. Don't let your emotions take over! Do the
right thing and consult with an attorney or hire a professional,
licensed investigator to do the work for you.
Stalking: Many
states have stalking laws that help deter people from following others.
This may apply to you (even if you are in a public place). Please be
aware of this and consult legal advise prior to any surveillance.
Trespassing: If you enter property
that is not of your own, then you could be faced with trespassing
charges. This could be anything from a vacant lot, to a park after
hours, or even a mall where you've been asked to leave. Play it safe
and don't trespass on other people's property.
Invasion of Privacy: If there
is an expectation of privacy, and you intrude, then you could face a
civil lawsuit in court. For instance, if you were doing surveillance on
your significant other and his new lover by looking through the window
of a private residence. Not only could you be taken to court for
invasion of privacy, but also charged with the crime of voyeurism. This
could also apply to setting up hidden cameras in a residence. Play it
safe and consult with an attorney.
Burglary: Burglary is entering a
dwelling with an intent to committ a crime. So if you enter someones
house in order to place a hidden camera, then you could be convicted of
burglary. Stay outside on public propery!
Wiretapping: There are some serious
federal and state laws on the books that prevent any form of
wiretapping. Often you can see items for sale that will record
conversations. These are primarily for people who live in states that
have one party consent laws. If you are listening in on a conversation
where you are not the participant, even if it is a one party consent
state, then you are violating the law. DO NOT INTERCEPT COMMUNICATIONS
UNDER ANY CIRCUMSTANCES.