Private Investigations and Personal Security/Cameras

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Question
My question is regarding the legality of video used for security in a business. Can security video legally have audio also, or must it be purely video? I think at least in court all videos must be all video, no audio? What legal issues are there with video survelience?

Answer
James,

It depends on the state. Here in California we have what is called a " two party state". This means that both parties (the recorder & the recorded) must give consent to have audio recorded during a conversation. However, if it is in a public setting and there is no reasonable expectation of privacy, then you can record audio anytime.
However, if a state doesn't have a law regarding audio recording, then the Federal laws is a 1 party state/consent.
Nonetheless, if you are on private property and you have permission for both audio and or video, then it is wise to have these things posted in plan view. IE-This property is constantly monitored by audio recordings. etc.
With that said, I am not an attorney and this is not legal advise. Always err on the side of caution.

With regards to video, the main restriction for video is the reasonable expectation of privacy. If your in public building, setting etc. and or the person be recording can be observed by the general public, there should be no reasonable expectation of privacy.
If it is your business and you own the building and or have permission from the owner and you have the legal state and or federal right, then you should have no problems.
Also, if you have a zoom capabilities or other extras that would allow you to obtain video that couldn't be obtained by the naked eye from the same location, then you should be OK.
Keep in mind that the courts will determine what is admissible and what is not. Google your state and put in audio and video recording laws for that state.

Hope that helps.

Best regards,

Claude Ammons -QM
Claude Ammons-QM
Email addy.- Claude@Corinthian-Group.com

Alpha & Omega Foundation Enterprises Inc. DBA...
Corinthian Group/P.I. # 23070
517 N. Mountain Ave. # 118
Upland, Ca 91786
Toll Free # (877) OUR-EYEZ = 687-3939
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S.C.F.I.A.
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Private Investigations and Personal Security

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Claude Ammons

Expertise

I enjoy answering questions relating to private & general investigations including but not limited to locates, skip tracing, surveillance, stalking, child custody, criminal defense, civil, corporate security/executive protection, workplace violence/threat assessments, personal security, security surveillance systems and GPS tracking/monitoring products & services. Specifically, I answer questions regarding state laws concerning private investigation practices, as well as the best practices & standard operating procedures used by most reputable private investigative firms. I can give you state & federal references when dealing with issues that may or may not be legal in your specific state. IE- Some states have laws which conflict with federal law such as California's "2 party law" for surreptitious audio recordings. I offer tips on how to identify the right investigative firm for your particular case and what type of questions that investigative firm should be asking you. QUICK TIP #1: NEVER hire a Private Investigative firm that is not concerned about providing you a written contract that specifically outlines the agreement and responsibilities of both parties!!! A written contract should be expected & demanded by both investigative firm and client 95% of the time. I have numerous resources and will point you in the right direction. Whether it is hiring an attorney, a specialist or offering tips on conducting LEGAL investigations & research yourself. I offer advise regarding the kind of info you can legally obtain, what's not legal for you to obtain and when you need to hire a professional to obtain the info on your behalf. Lastly, I have over 20 yrs of experience as a Security Professional/Consultant and 12+ yrs within the Investigative profession. As the 2009 President of a state Private Investigation Association, I have professional knowledge, experience & established resources that supply me with the most recent legislative issues & industry trends.

Experience

Corinthian Group experience includes but not limited to all areas of surveillance including Workers Compensation Insurance Fraud, Domestic Infidelity Cases, Computer Investigations & Forensics, Personal Injury & Automobile Liabilty, Loss Prevention, theft interviewing & interrogation techniques, Under Cover assignments, Stalking prevention & suppression, surveillance tactics & countermeasures and surveillance system & lighting consultation experience. Corinthian Group also has experience in security consultation & protective services to the corporate & private sector. These services include Bodyguard/Executive Protection, identity theft prevention, work place violence & volitale terminations, GPS tracking/monitoring services, TSCM/Debugging( Technical Surveillance Countermeasures) and security system products & diagramming experience.

Organizations
2009 PICA President (Professional Investigators of California Association) NCISS (National Council of Investigations & Security Services)-Member CALI (California Association of Licensed Investigators)-Member SCFIA (Southern California Fraud Investigators Association)-Member WAD (World Association of Detectives)-Member

Publications
Experts.com: http://www.experts.com/Articles/Private-Investigation-Finding-and-Using-Social-Media-Evidence-in-the-Courtroom-By-Claude-Ammons Hellium: http://www.helium.com/users/edit_show_articles/387656 Blog: http://sexliesvideoviapi.blogspot.com/ and my m

Education/Credentials
PSO (Security Course) Weaponless Defense Tai Karate & MMA training Wicklander & Zulawski-Interview & Interrogation Techniques Peace Officer Standards & Training (POST)-832 Level 3 CA State licensed Private Investigator-CA PI # 23070 Law Enforcement Training Center-Computer Investigations

Awards and Honors
Elected as the Association President of PICA in 2009. PICA was an Association that focused on legislative bills that would have a negative impact on our profession if passed at the state level... PICA was a member oriented association that was positioning itselt to provide its members with resources to help them successful grow and or sustain their businesses. Awarded for presentation of GPS Tracking devices. Honored for service as the 2009 PICA President and the 2008 & 2007 PICA 2nd Vice President respectively.

Past/Present Clients
SCRMA (Southern California Risk Management Associates), Markel Insurance Corporation, Imhoff & Associations (Nationwide Criminal Defense Law Firm). Private clients are Confidential!

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