secretly video taped

[ohjason]

What is the name of your state? Alabama

I'm dating a woman who I know is separated and going threw a very nasty divorce. Her husband had moved out of there marital home approximately 90 days ago, he then returns and secretly places video cameras in the living room and bedroom. We only became aware of this after her attorney called and notified her that he had seen the pictures. What I need to know is if any of my rights to privacy were violated? Is one not safe to assume that acts between two adults should remain between them? What steps can I take to secure this tape? I will admit that the man has not used this tape to do any harm to me as of today but theres always tomorrow.What is the name of your state?What is the name of your state?

 

[Ohiogal]

What is the name of your state? Alabama

I'm dating a woman who I know is separated and going threw a very nasty divorce. Her husband had moved out of there marital home approximately 90 days ago, he then returns and secretly places video cameras in the living room and bedroom. We only became aware of this after her attorney called and notified her that he had seen the pictures. What I need to know is if any of my rights to privacy were violated? Is one not safe to assume that acts between two adults should remain between them? What steps can I take to secure this tape? I will admit that the man has not used this tape to do any harm to me as of today but theres always tomorrow.What is the name of your state?What is the name of your state?

You were in the marital home and marital bedroom of another man and you are griping? There are a few ways of looking at it -- he placed cameras in HIS marital home. Did you have an expectation of privacy in another man's home with another man's wife in another man's bed? As for assuming if acts between two adults should remain between them -- ask Paris Hilton. You could offer to buy the tape from the man. You could also realize that your girlfriend is committing adultery.

 

[LdiJ]

You were in the marital home and marital bedroom of another man and you are griping? There are a few ways of looking at it -- he placed cameras in HIS marital home. Did you have an expectation of privacy in another man's home with another man's wife in another man's bed? As for assuming if acts between two adults should remain between them -- ask Paris Hilton. You could offer to buy the tape from the man. You could also realize that your girlfriend is committing adultery.

He may not have had a valid expectation of privacy, but SHE certainly did. Also, he was HER guest, and a guest also has a reasonable expectation of privacy. This was not a public place.

I don't disagree that he has no business being involved with a woman who is in the middle of a divorce case...particularly a nasty one. However, that does not excuse the husband's acts.

 

[Ohiogal]

He may not have had a valid expectation of privacy, but SHE certainly did. Also, he was HER guest, and a guest also has a reasonable expectation of privacy. This was not a public place.

I don't disagree that he has no business being involved with a woman who is in the middle of a divorce case...particularly a nasty one. However, that does not excuse the husband's acts.

Read what I am saying however. This was not a public place. We do not know if SHE was aware that her husband was taping or has taped or even if there were cameras around. I never stated that what husband did was right, legal or correct. I answered OP's questions. Hubby may not be able to use the tape as evidence in a divorce trial -- he may not have obtained it through legal taping. HOWEVER, that does not mean that hubby will be arrested as it was HIS property. Were there signs on the property regarding videotaped security (or a security system at all)? OP wants to know if he should not have expected that what he did with his girlfriend would be kept private. And the answer to that is he could hope for that but quite frankly it depends. He then asked about securing the tape. Well, he could pay hubby money for it.

 

[quincy]

In Alabama, a person violates the law if he intentionally engages in surveillance while trespassing in a private place (a place where a person might reasonably expect privacy). I think it could be legitimately argued that the man was not trespassing in his own home, unless there was some sort of court order restricting his presence in the home. Secret observation of the activities of another for the purposes of spying is a misdemeanor.

Audio recording of a private conversation is illegal if there is not the consent of at least one person involved in the conversation - someone may legally record their own conversation without the knowledge of others involved in the conversation.

Whether any of this would be admitted into court as evidence, however, is another matter.

 

[Bali Hai]

He may not have had a valid expectation of privacy, but SHE certainly did. Also, he was HER guest, and a guest also has a reasonable expectation of privacy. This was not a public place.

I don't disagree that he has no business being involved with a woman who is in the middle of a divorce case...particularly a nasty one. However, that does not excuse the husband's acts.

Since when can't a man place security video equipment in his own home?

Not his fault he caught another man banging his wife.

I'm sure it would be ok with you if a woman did that!!

 

[Ohiogal]

In Alabama, a person violates the law if he intentionally engages in surveillance while trespassing in a private place (a place where a person might reasonably expect privacy). I think it could be legitimately argued that the man was not trespassing in his own home, unless there was some sort of court order restricting his presence in the home. Secret observation of the activities of another for the purposes of spying is a misdemeanor.

Audio recording of a private conversation is illegal if there is not the consent of at least one person involved in the conversation - someone may legally record their own conversation without the knowledge of others involved in the conversation.

Whether any of this would be admitted into court as evidence, however, is another matter.

And there doesn't necessarily have to ANY audio here.

 

[LdiJ]

Since when can't a man place security video equipment in his own home?

Not his fault he caught another man banging his wife.

I'm sure it would be ok with you if a woman did that!!

I don't think its ok for ANYONE to do it.

 

[johnb2b]

Yes, admissible in court

I presented a video taken using my webcam to court, and it was used as evidence.

When you read your State's law, make sure that you distinguish between "communication" and "survaillance'. When you see restrictions, they are mostly on Comunications. Also, you may see restrictions for audio, but not likely for video.

Expect the video to be released at somepoint -- just hope your friends dont watch it.

 

[moburkes]

I'm with OG on this one. OP had no expectation of privacy in another man's bedroom, unless that other man was barred from the home.

 

[Rachel T]

Some boyfriend! I don't hear any mention of concern for your girlfriend...just about what harm it would do to YOU? I suspect you yourself are married! The first thing my lawyer said to me when I retained him for my divorce was..."If you are seeing someone...STOP!" She should have waited til the divorce was final.
Just my unasked for opinion...

 

[ohjason]

ok maybe me saying "marital home" was wrong. The house is hers, mortgage and deed in her name. When I said broke in, I meant literately, broke in! I do not feel the need to justify my actions but I will. I took last week off work to help her ready this house for sale, which he's trying for half equity ( actually none of my business). I pressured washed the entire house and driveway, trimmed all shrubs, added new pine straw to all beds and spent the last two days helping pack and moved her into a mini-storage unit. (some boyfriend hu?)

Also I've been happily divorced for almost 7 years. I do however have a six year old daughter while gf has no children. Sorry that some reading this thought my only concern was for me but actually it is for all three of us.

I really wanted advice on securing it and or viewing it. I do appreciate the tip on trying to buy it****************************never thought about that.

 

[jedidiahx2]

You sound like the man to have....great for her too...also sounds like you have mega points to nail the soon to be ex to the wall in a valid court dispute since the home is not his and is in her name/ownership. The ex needs to be taught a lesson, when its over its over, he is gone so anything now is fair gain to correct. Of course morally the conditions were not favorable but hey, good love is hard to find.

Good luck

Sherri

 

[moburkes]

You sound like the man to have....great for her too...also sounds like you have mega points to nail the soon to be ex to the wall in a valid court dispute since the home is not his and is in her name/ownership. The ex needs to be taught a lesson, when its over its over, he is gone so anything now is fair gain to correct. Of course morally the conditions were not favorable but hey, good love is hard to find.

Good luck

Sherri

It was the marital home. Without a court order he is allowed to be in it.

 

[LdiJ]

It was the marital home. Without a court order he is allowed to be in it.

Yes, he is...but it makes his videotaping actions even more questionable.

For all of you that sympathize with the husband....remember that others will read this tread and possibly take their lead from it.