Legal Question in Constitutional Law in Maryland

Video Surviellance Monitoring

I live in a townehouse and my next store neighbor has installed a video camera on the outside of there house facing the parking lot. They have made comments to me about them seeing me on there video camera at night when I come home. They have also pointed the camera towards my house so that it was viewing my front door. There are no signs posted about the video surviellance. Is this legal for them to video tape the front of there house where a public sidewalk and parking lot are located ? Is it legal for them to point the camera at my house and video tape ?


Asked on 8/08/04, 4:02 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Video Surviellance Monitoring

Almost anything held out to public view has a lowered expectation of privacy. Thus, there is no privacy with most things open to public view. The street and walkway in a public area are treated accordingly.

You also have no privacy interest in your outward appearance when on public property.

It is a crime in Maryland to set a camera with the intent to conduct deliberate surreptitious observation of an individual inside the private residence. This constitutes a misdemeanor with penalty of 6 month confinement or $1,000 fine or both. This would depend on the facts. You would need a strong case for prosecution to ensue.

A civil action also lies for such an offense.

You should speak with an attorney. Most of what I indicate above is based on general terms of both criminal and civil code. Your specific situation may not apply based on more specific aspects of law.

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Answered on 8/08/04, 6:40 pm
Michael Worsham Michael C. Worsham, Esq.

Re: Video Surviellance Monitoring

Invasion of privacy depends on whether a person's actions would be an unreasonable intrusion into the privacy and seclusion of another. The extent to which your neighbor had a legitimate security need to point the camera in a direction towards your residence would be a factor in making this determination. Generally a person may take photographs of the activities that occur on a public street, as long as they are not of such character that they become overly intrusive, harassment, or directed towards one person, such as papparazzi hounding Jackie Onassis.

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Answered on 8/08/04, 4:33 pm


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