comment and question on disguised covert cameras November 27, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment and question on disguised covert cameras
November 27, 2018
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comment and question on disguised covert cameras from November 20, 2018 article
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Ken
    Regarding “disguised covert cameras”….here is another concern that wasn’t mentioned. Few years back we installed a security system for a lady who was going through a divorce. The soon-to-be-ex-husband was NOT happy to be locked out of his home and showed up at our offices to “discuss” his displeasure.        Fortunately for the lady who works in our front office, the owner was on site and….being a great salesman….was able to walk the man outside and calm him down. I don’t want to imagine the fury of this man if we had installed disguised covert cameras in his home without his permission. There is no amount of money worth endangering someone’s life. My opinion…but unlike out competitor’s….it’s really free. 
Tena Edwards
A.I.D. Security, Inc.
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Ken
    Hypothetical question... Covert video and audio installed in customer's home in New York State (with all family members and house guests aware).
    Two burglars break in and video is recorded and audio (conversation) is recorded. During the burglary the recorded audio conversation between the two burglars gave detailed information as to their name and where their "hideout" (address) is located.
    Since New York is a one party state (you can explain this to your readers) is the conversation between the two burglars admissible as evidence in a criminal case (or for that matter a civil lawsuit for damages resulting in the burglary)?
Alan Glasser, Executive Director 
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC. 
(718) 894-6712
mbfaa.ny@gmail.com 
www.mbfaa.com 
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Response
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    When you are asked to install covert cameras and audio you need to be sure you are dealing with someone who can actually authorize the installation and responsibly use the equipment. A little common sense is required. 
    You are not going to install covert cameras and audio in apartments requested by the landlord that you know are rental apartments. That's an easy one.
    You are not going to install camera and audio in commercial premises bathrooms and dressing rooms. Another easy one.
    You should hesitate installing covert cameras and audio in a home or place of business if you suspect that the intended use is improper. Not so clear cut.
    As far as the burglars go, until the Dems take the Senate and top job I think you're OK. Burglars have no expectation or right of privacy. Whether the data will make its way into evidence in a civil or criminal trial will depend on the authenticity of the data, not whether the burglars consented.
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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
516 747 6700
www.KirschenbaumEsq.com