I have security cameras all around the house and a few inside. The ones inside are able to record audio. If someone knows and is aware of the cameras when entering my home, am I able to use recorded conversations in a court of law?

The jurisdiction of interest is California, USA.

There is a posted notice outside my house, right next to the entrance door in plain sight. The cameras inside are also in plain sight. They are mounted in corner walls with no object obstructing them.

  • 3
    What jurisdiction?
    – user28517
    Feb 28 at 5:00
  • 1
    In addition to providing jurisdiction info, please also provide whether or not the cameras are concealed and whether or not there are posted notices regarding the cameras. Providing all those details will help generate better answers from the community. Feb 28 at 5:23
  • 1
    Sorry, I've updated question
    – user106526
    Feb 28 at 18:20
  • 1
    The requested information having been provided, this should be reopened. Feb 28 at 19:35

Yes. The posted notice that you have cameras with audio in addition to the subject's entry into your home should be enough to constitute consent under a two party consent law (not sure if Cali is Two Party Consent, but it would not surprise me). The posted notice by the entrance door provides the information that you are using recording devices and their entry into your house (whether by legal invitation or illegal trespass) is an action taken that implies consent to the recording (they do not have to enter your house if they did not consent, you did not kidnap them, and they did not request that you turn off the recording devices prior to their entry nor did you agree to do such in the encounter.).

That said, it might be a murky area if the person in question is a lawful resident of the residence but never approved of the cameras OR the cameras were put in places that may have an exceptional reasonable expectation of privacy (i.e. inside a bathroom). Additionally "Nanny Cams" might open up another matter. You should also check in a local jurisdiction if a guest has a reasonable expectation to privacy in common spaces of your own home, as 2 Party Consent normally concerns recordings where one would have a reasonable expectation of privacy, which is not a place that is accessible to the public at the time of recording.

  • That last sentence is inaccurate. It’s not impossible to have a reasonable expectation of privacy in public. This scenario would always come down to the specific facts of the case.
    – A.fm.
    Mar 1 at 19:16

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