REASONABLE EXPACTATION OF PRIVACY
IN SURVEILLANCE ISSUES
Posts Compiled From The Private-Eye Mailing List
Compiled By Ralph Thomas
I would appreciate some input as to whether the group feels there is an
expectation of privacy for a subject working inside his garage, which is
attached to his home, in full view of the public street via the open overhead
Associated Investigations, Ltd
If his garage door is open and he is in full view of the street,
is no expectation of privacy IF you do not trespass to observe, or have to
climb a tree to see over a fence or bushes. I'm talking about video or photo
or eyewitness here, not audio.
Of course, I am not an attorney nor do I play one on TV.
No. There is no expectation of privacy unless the subject
steps to ensure privacy. Anything which can be observed freely by any member
of the public passing the house in a normal manner is considered fair game.
What a person knowingly exposes to the public, even in his home or office is
not subject to a reasonable expectation of privacy.
This is my understanding of the matter and should not be interpreted
guidance, which if you are still in doubt, I suggest you seek before
Hope this helps!
Investigative Solutions P.A.
Tel: (570) 739 1061
Fax: (209) 315 7599
It sounds to me like you're on firm legal ground, anything
that can be
viewed ( filmed or videotaped) from a public place has always been
admissible in any personal injury or workers comp. case I've worked.
No expectation of privacy if subject is viewed from public
access, ie: the
street in front of the garage, etc. Of course I'm from Texas, not
Connecticut...check state laws.
I had a similar case where I videotaped a woman working out
in her garage
with the door open in full view of the public street lifting considerable
weight while she was on sick leave for a shoulder injury.
Her Attorney tried to have the videotape thrown out to no avail.
denied any claim or benefits.
JR Investigations (512)918-0343 Bus/Fax
Post Office Box 203203 email - firstname.lastname@example.org
Austin, Texas 78720-3203 http://www.prismnet.com/~jri
Member TALI, CTPSA, NTPSA, NAIS, NNA
I would have to say that there would be no expectation of privacy
situation. Our company uses a simple rule of thumb that our attorney had
given us. That is if you can see into the house from the street, off the
subject's property, there is no expectation of privacy. You get into
trouble when you would have to walk across their lawn to the garage door and
shoot video through the 1 foot by 1 foot Plexiglas window that you have to
stand on a step stool to see through. If you can see into the garage from
your vehicle parked on the street, you should be okay. As always, contact
you own attorney and as as I am not in a position to administer legal
Christopher J. Froeschl
Due Process (VaDCJS #11-2640)
Professional Investigations & Process Services
Roanoke, Virginia ICQ# 10301344
(540) 342-0300 Fax: (540) 342-0970
Fax To Email: (617) 507-6206
It is also considered an invasion of privacy in most states
if you use any
type of eyesight enhancement to look into the garage or house. In other
words, binoculars, telephoto lenses etc can get you in trouble by viewing
into someone's home, especially if it is through a window. An open door
poses another question, but on the safe side ...
San Diego, CA
(619) 702-6648 fax
CA License # PI 16207
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