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What legal rights do I have in Illinois if a camera was installed in my home without my knowledge but nothing was recorded?

North Aurora, IL |

Found a hidden camera in my bedroom that can transmit video and audio but police found that nothing was recorded and that the camera (when they found it) could not transmit. I think Illinois law says that you cannot record or transmit without consent, but does not say anything about intent. I want to know what my legal options are since nothing was recorded but he DID invade my privacy by coming into my bedroom and installing this device. He also came back into my home on a subsequent occasion to readjust the camera. If nothing was being transmitted, why did the camera need to be adjusted? I believe he tampered with the receiver once he knew he was found out and that was why the police could not get an image to transmit. Does intent not count in Illinois?

Attorney Answers 3

  1. You can certainly sue him for trespass and invading your privacy unless he had some right you're not telling us about to enter your bedroom. What you're describing is really pretty creepy and I would suggest some extreme caution in dealing with this entire situation. It may be better in the long run to gain distance from him rather than continuing to engage in contact with him by filing suit. Better talk to a local lawyer and lay out all the facts then think carefully through your options. Good luck.

    Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.

  2. Bits of your story are missing, others seem out of order, I think you would benefit from a face to face with an attorney, to discuss ALL the details, and determine if you have any damages to recover.

    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.

  3. Who is "he," and why would "he" enter your home on several occasions? Please provide more detail.

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