Legal Question in Criminal Law in California

Re: surveillance

As far as I know, a department store cannot videotape in the dressing room. However, what you say when you are in a dressing room probably can be taped and used against you because: (1) there is no reasonable expectation of privacy since anyone walking by could overhear your conversation, and (2) the department stores are not bound by the 4th amendment anyway because they are not a government agency.

Lastly, you should note that you may have an invasion of privacy claim against the department store if they did videotape you in the dressing rooms.

If you want to discuss your situation in greater detail, please feel free to call me at your convenience.