Security surveillance in your own home

[one_and_only]

What is the name of your state? California

Hello,

I was wondering, is it legal to have surveillance video cameras with sound in your own home for security purposes (e.g. in living room, corridoor, backyard, etc)? I understand that as per CA Penal Code 630-637.9, surveillance in CA requires consent from both parties, but only if such communication is deemed as "confidential communication" (632 [c]). Can the robber argue that "he was expecting privacy since the homeowners are typically away?" I know this must sound silly, but I am not sure what would prevent the said individual from making such a claim.

How does surveillance law pertain to babysitters? Is it legal to record (through video, audio, or both) a babysitter and how they care for a child without their consent? From what I could see in the quoted CA P.C., one would require their consent, as they would expect privacy. Why is it that one keeps hearing of cases where babysitters are prosecuted for abuse with video recordings as evidence?

If recording your babysitter is legal, why is it illegal to record private areas of one's home (e.g. restrooms, etc)?

These are just some of the questions that were on my mind recently. Thanks for your time,

-one_and_only

 

[magic55]

It is absolutely legal to post security cameras in your own house and it can be used as evidence in court.

 

[Ohiogal]

IAAL will have the definitive answer. While video may be okay, audio is not without both parties consent unless there is no expectation of privacy. A babysitter by herself with the child has an expectation of privacy when it comes to audio. In two party states she would need to consent to have her conversation recorded.