Home security camera footage can be, and is, used in court. But it’s important to recognize that it isn’t necessarily the smoking gun you imagine it to be, nor is it considered indisputable.
With so many Americans using home security cameras (around 30% of US households, or 36 million, have a home security system), an important question is raised.
Just how suitable is home security camera footage for use in court and criminal investigations?
In this article, we’ll explore whether home security cameras be used in court and what precautions must be taken when using home security camera footage in court.
Table of Contents
Can Home CCTV Be Used in Court?
Yes, home CCTV can be used in courts. One of the many benefits of a home security camera is that it can provide solid evidence should a break-in, theft, or damage to the property occur.
Should a criminal investigation or insurance policy claim be opened, the footage can be used in court or as part of the claim as evidence.
Outside of court and insurance claims, if a package is stolen by porch pirates or a delivery driver damages a package, the video footage can be presented to the relevant parties to prove the events occurred. A refund or other form of compensation can then be obtained.
Pro Tip: Preventing Package Thefts
Porch pirates affect 35.5 million Americans a year and steal more than $5 billion worth of goods, according to Finder.
The best way to prevent porch pirates is to deter burglars from targeting your property to begin with. However, many porch pirates will continue to steal packages despite the homeowner having a home security system.
Therefore, having cameras installed to capture the porch pirates can ensure you get a refund or a new item delivered. Learn more about what to do if your package is stolen.
Likewise, if a home warranty claim were made by a homeowner due to a neighbor’s tree falling onto a roof, or an arson attack causing a fire, the footage can be used to prove the damage was not caused by the homeowner.
If a car is stolen from a driveway or a home invasion takes place, footage can be used in court to prosecute the criminals, or handed over to the police to aid their investigation.
However, there are circumstances where home CCTV footage is not admissible in court.
Home security camera’s can’t be used in court if the footage is:
- Recorded unlawfully
- Obtained unlawfully by anyone other than the owner of the footage
- Tampered with in any way
- Presented without adequate data to prove it is an original file
Pro Tip: Motion-based Recording and Timestamp
AlfredCam records footage the moment motion is detected on your property. Every motion-detected clip is saved as an individual file to the Cloud, with all the timestamping data you need to determine exactly when the motion was detected.
The footage is stored for up to 7 days in the Cloud, with options to store footage for longer with a premium plan, starting at just $2.49 per month if opting in for annual subscription.
Shop AlfredCam today.
Is CCTV Legal in the US?
In short, yes, CCTV is legal in the US. This applies to home security camera footage, private business premise footage, and public surveillance.
However, there are specific rules around where cameras can be placed and used in the US for them to be considered lawful.
For example, all US states allow homeowners and renters to install a home security camera on a property, but the camera must be installed in a way that guarantees US citizens a “reasonable expectation of privacy”.
This means that the camera should not be fitted anywhere that breaches a person’s privacy.
While this can be open to interpretation, it generally means not placing a camera in areas where people shower, get changed, use the toilet, or sleep without consent.
Pro Tip: Where to put my security cameras?
Home security cameras should only be placed in certain areas to achieve maximum protection of your property.
According to AlfredCamera users, the most popular areas to place home security cameras for outdoor surveillance are in the front yard, the garden, and over the driveway.
Other good places to position security cameras include over your front door, your back door, a garage, and next to large downstairs windows.
Avoid placing home security cameras in bathrooms, over a neighbor’s property, or next to a window where the glare will likely disrupt the footage.
Is Surveillance Admissible in Court?
Surveillance footage is admissible in court so long as certain criteria are met.
Home security camera footage is admissible in court if it is:
- Lawfully recorded – The footage should be lawfully recorded in the sense that it wasn’t taken by a hidden camera installed without consent (in a US state that requires consent), or installed in breach of US privacy laws
- Legally obtained – If home CCTV footage is presented as part of a police investigation, it must be obtained via a warrant or willingly provided by the owner of the footage
- Original – The file must have chain of custody, which means it must be presented in its original form with sufficient evidence that it has not been tampered with
- Correctly timestamped – Home security footage must also contain correct timestamping, with no errors, inaccuracies, or gaps for it to be considered reliable and admissible in US court
Can You Use Hidden Camera Evidence in Court?
According to World Population Review, hidden camera evidence can be used in court. But it can only be used if the footage meets the criteria listed above in terms of how it was taken, obtained, and presented.
Many US states have specific laws around the recording and use of home security camera footage. Should the footage be taken unlawfully without sufficient consent, this can impact whether it can be used in court or not.
At the time of writing, 14 states have specific rules around the use of hidden home security cameras.
Some states specify that hidden cameras are allowed with consent, while others are clear that hidden cameras are not allowed, regardless of consent.
The table below shows the states with specified home security camera rules.
| State | Are Hidden Video Cameras Allowed Without One-Party Consent? | Are Hidden Video Cameras Allowed With Consent? |
| Alabama | No – unless the footage is taken in a public place | No |
| California | No | No |
| Delaware | No | Yes |
| Florida | Yes | Yes |
| Georgia | No | No |
| Hawaii | No | Yes |
| Kansas | No | Yes |
| Maine | No | Yes |
| Michigan | No | Yes |
| Minnesota | Yes | Yes |
| New Hampshire | No | Yes |
| South Dakota | No | Yes |
| Tennessee | No | Yes |
| Utah | No | Yes |
What are Privacy Laws on Home Security Cameras?
Regardless of the specific state rules, all US citizens are granted a reasonable expectation of privacy.
Therefore, any hidden cameras installed can be considered an invasion of privacy.
A home security camera usually breaches the expectation of privacy if it’s installed in a bathroom, bedroom, changing room, or hotel room without consent.
In states where there are no specific laws around the use of hidden cameras, property owners should check with their local state departments, or speak to a personal lawyer about what’s allowed and what’s not allowed.
In all instances where footage might be used in court, legal counsel should be sought before doing so.
Conclusion
Home security camera footage can be used in court and often is.
However, it’s important to abide by privacy and consent laws in your state before recording footage that you want to use as part of a criminal investigation. You should always consult a lawyer before presenting security camera footage to court as evidence
The footage is only permissible in court if it’s been taken lawfully and if the footage hasn’t been hacked or tampered with in any way.