How Nanny Cams Can Impact Your Criminal Case

Video from a nanny cam may provide important evidence in a criminal case, as long as the footage remains within the rules of criminal trial evidence.

Nanny Cam Evidence

Nanny cams may provide surveillance evidence in the event of a crime, as long as state and local laws are not violated. In all states, using video surveillance in a home is completely legal, as long as it does not include sound. Audio recordings are a different matter. In some states, video recordings with sound violate wire-tapping laws. However, the sound on a video can easily be muted so most video footage is allowed as evidence in criminal court cases unless the incriminating portion of the video is the speech itself.

If a person suspects problems within his/her home, a nanny cam can be installed to check activity in the house or on the property. Nanny cams are often installed to watch children in the home, especially when a parent suspects child abuse or neglect from a childcare provider like a nanny or babysitter. If the video exposes dangerous or inappropriate behavior or injuries to the child, the childcare provider may be charged and prosecuted for a crime. The person using the camera will need to provide the video or a copy to local law enforcement for investigations. It may become another piece of evidence to help convict the individual, as long as the footage remains within the rules of criminal trial evidence.

If a nanny cam records a person committing a crime such as child abuse, physical or sexual assault, burglary, theft, or property damage, the homeowner may have the option to seek justice through the criminal justice system. However, the footage must clearly show the criminal action. In some cases, the nanny cam may capture the perpetrator on camera, but may not show the actual crime committed. This may not be sufficient evidence to convict someone of a crime. In some cases, this may even lead to a false arrest and criminal charges.

Privacy laws can hinder the use of video evidence. Some laws forbid surveillance equipment in private areas like bedrooms, bathrooms, and dressing areas. Although nanny cams do raise privacy concerns, most states allow video footage in criminal investigations. While many states have laws that regulate the taping of someone in areas where they have expectations of privacy, those privacy laws do not extend to individuals committing a crime.

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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