A Primer on Objective Expectation of Privacy Vis-a-Vis Surveillance Gear Like Micro Video Cameras

Before you go about applying your sleuthing skillsThird, certain buildings and pieces of land do not
and surveillance system to spying on your spouse,afford anybody reasonable expectation of
or somebody else for that matter, you have toprivacy. If there are micro video cameras in
educate yourself on the legal implications. Youautomobile thoroughfares and national forests,
certainly want to avoid serving sentence!then these are perfectly legal. However, public
Here are the basic things you need to knowphone booths, rock concerts, sports arenas, and
about using surveillance gears like micro videopublic restrooms are off-limits to surveillance
cameras vis-a-vis objective expectation ofequipment. If you are in these places, turn off
privacy.your surveillance gears lest you violate the law.
DefinitionFourth, technological innovations continue to push
In layman's terms, the term "objectivethe boundaries of situations and places where
expectation of privacy" pertains to a reasonablereasonable expectation of privacy can be allowed.
expectation that what you do or say will not beIndeed, micro video cameras and the rest of
seen or heard by another person. At present, it issurveillance gears benefiting from nanotechnology
recognized by informal societal rules and formalhave created vantage points where there were
legal laws.previously none and situations calling for
This is a very important consideration in installingadjustments in our understanding of the Fourth
micro video cameras for surveillance purposes. AtAmendment. Ask your lawyer for specific rulings.
any time the person under surveillance canPlaces
expect reasonable expectation of privacy, youYour residence is a place where you can expect
have to stop taking covert photos and videos.objective expectation of privacy; however,
Otherwise, you are just wasting your time.beware since garbage cans outside your home
Criteria When Not to Expectcannot be covered by the principle. Public places
There are four criteria in determining reasonabledesigned to guarantee privacy such as private
expectation of privacy. First, general legal principlesportions of a jail and public phone booths, among
state that reasonable expectation of privacy isothers mentioned above, are also off-limits to
not present when the behaviors and thesurveillance.
communications under scrutiny were deliberatelyHowever, monitoring your house and installing
and consciously open to public view. Thus, the usenanny cams in common areas around the house
of micro video cameras mounted on toyis not a violation of the Fourth Amendment if you
helicopters as surveillance equipment can still beinstalled them yourself. Just be careful that you
legal even if the person under surveillance is hidingdo not use these covert cameras to spy on your
in a cabin deep in the woods.nanny's toilet habits and bedroom activities!
Second, vantage point pertains to the placeIf you are determined to spy on somebody, then
where you will take videos. Reasonablethe best advice is to consult a lawyer or a private
expectation of privacy is not present when adetective about your plans. You have to avoid
place exists from which anybody can see or hearsituations that will result in your violation of the
the events. This is the plain view principle. Thus, iflaw, the principle of reasonable expectation of
you carry micro video cameras in a public placeprivacy just a small part of it. Or better yet, just
where people can see or hear the person you arehire the private investigator and save yourself the
following, then that person is not protected bytime and effort!
reasonable expectation of privacy.