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Being filmed in your own home without consent/knowledge?

Los Angeles, CA |

Just settling a debate with a friend...if someone peers in the window of your house (a nosy neighbor, for instance, or a peeping tom) and films you doing something illegal, could this recording be used against you to charge you for a crime?

Attorney Answers 3


  1. Possibly. Depends on why the neighbor was filming, under what circumstances, and among other things whether the DA could get the tape authenticated and introduced as evidence....its certainly possible.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. Yes, possibly. You might have some defenses, depending on who was doing the filming and how it was done. It might also depend on what you were doing. For example, if a person is involved in or suspected of terrorism, the government can/will/does justify violating that person's constitutional rights.

    If you are doing something illegal, make sure you keep your curtains closed.


  3. Probably.

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