Where Video Surveillance Can and Cannot Be Used In Public and Private Places

The Fourth Amendment of the United States Constitution states:

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment applies equally to all people, whether they are guilty of a crime or not.

The Fourth Amendment has two basic clauses that provide protection concerning:

  • All searches and seizures must be reasonable
  • The imposition of specific requirements for obtaining search warrants.

The Courts have held that for video surveillance to be admissible in a criminal case, it must not violate a person’s “reasonable expectations of privacy.”
Copyright © 2005 Gerald I. Forstater and Joseph Sestay