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.

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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.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and 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. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Knowing how to choose a criminal defense lawyer in Minneapolis, MN, can help you hire a lawyer who will prepare an effective defense strategy and fight for the best result from your case. One of the crucial tips when selecting a criminal defense lawyer is to vet those with relevant experience in cases like yours. You can only do this when you thoroughly understand the charges you are facing.
People anticipating an arrest in Minneapolis, Minnesota, might ask, “What is the role of a defense attorney during an arrest?” A skilled criminal defense attorney can explain your options, ensure the police follow the rules, and protect your rights. The attorney will build a solid defense, talk to the prosecutor, and fight for your best interests.
Knowing when to hire a criminal lawyer for your case in Minnesota can help protect your constitutional rights and turn the odds in your favor. You should retain a criminal lawyer immediately after learning you are under investigation, get arrested, or are charged with a crime. Seasoned criminal lawyers understand the criminal justice system, can build a winning defense strategy, and aggressively push for a positive outcome of your case.