KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Can you video and audio record your burglar? August 27, 2020 ********************** Can you video and audio record your burglar? ********************** Ken A recent post, August 8, 2020, about audio recording in a residence got me thinking. I've noticed "X" security company is very careful about advertising "impact activated" audio. From the legal perspective, does activating the audio recording / monitoring after the criminal act has commenced negate the state statutes regarding wiretapping / eavesdropping? Best regards, Bob ********************** Response ********************** I try to stay out of politics on this forum, but sometimes I can’t help myself. So, what rights does a burglar have? We know that in blue states you better not use excessive force, even in your own home, in the middle of the night, in the middle of a riot. I don’t recall a statute dealing with video or audio including exceptions for those in the midst of criminal conduct. Does a person committing a crime lose any rights afforded others? We know they are innocent until proven guilty. I also haven’t seen any cases where a criminal, convicted or otherwise, sues the homeowner or alarm company for capturing the perp's image on video or recording incriminating audio. I can tell you that there are a slew of criminal cases where video and audio recordings are used to convict. Lawyers should get in contact with these convicts and sue those who captured the video and audio without permission. My position would be that a person committing an illegal act gives up any right to any statutory right, constitutional or other law. They would not be able to complain that the video or audio was not permitted, is not admissible in court or can’t be used by police to charge and prosecutors to convict. My heart does, however, bleed for them. ********************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
