this post was submitted on 23 Sep 2024
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My mom is in assisted living and I have a suspicion that the staff, or perhaps a resident, is taking her money. I need something that won't look out of place and isn't easily disabled, maybe it plays possum when unplugged but has battery backup. Anyone have any advice?

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[–] wuphysics87@lemmy.ml 10 points 5 days ago (7 children)

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.

[–] IphtashuFitz@lemmy.world 5 points 5 days ago (4 children)

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.

[–] evasive_chimpanzee@lemmy.world 3 points 5 days ago (3 children)

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.

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:

"Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.

There's no no stipulation about location.

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