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Is it illegal to video tape someone without their knowledge and use it against them in court?
Anonymous1 views1 answers
A friend of mine had someone come into their home and video tape them talking about substances without my friends knowledge. The person then turned the video over to feds to be used against him in court. Is this legal?
Also, my friend is a music producer, and through out the entire video his copyrighted music is being played in the background, does that mean they must get rid of the audio?
Florida's law is a "two-person consent" law. This means the recorder must obtain approval from the person(s) he's recording or filming to make the act legally recognized when the recording or filming is of a private conversation. If the recorder doesn't obtain an approval and records a private conversation, the recorder is violating the wiretap law. Further, a person is not permitted to take pictures/video of areas that are usually considered private, such as bedrooms, bathrooms, changing rooms, locker rooms and hotel rooms.
However, if he was working as a confidential informant, then possibly the authorities had a super warrant which would allow this type of action without permission.
I'm sure your friend's attorney will raise any possible defenses to the video recording if improper.
Good Luck!
