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 whitelist ken@kirschenbaumesq.com ****************************** cameras in jail cell with toilet April 16, 2025 ******************** cameras in jail cell with toilet ******************** Ken We were asked to put a camera CCTV in Police Department cell areas. The holding cells have exposed toilets. Can the video capture the whole holding cell including the toilet are. Does a suspect being held have the right to privacy? Mike ************************* Response ************************* You are prudent to question a camera installation in proximity to a toilet. Generally it's illegal in some places and unwise in all places to install a camera in areas where privacy is expected. Sometimes there are laws that describe the areas, and bathrooms are usually included in the areas. Here the police are asking for the cameras. My opinion is to install them, but only if you have a contract specifying where the cameras are to go and what they should be watching. It's questionable whether any privacy can be expected in a jail cell, and the answer should be no, but some judge and jury may disagree. Police has an obvious right and responsibility to keep tabs on a prisoner in all parts of the cell; toilets are out in the open, not is separate rooms, so privacy is not expected. If the AHJ is telling you to do something, like here where its the police who are the AHJ. then get it in writing and do the job, preferably with a K&K contract in place with the Indemnity Provision intact. ************************ STANDARD FORM AGREEMENTS: To order up to date Standard 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
