Legal Question in Criminal Law in Maryland
I live in Maryland and am going through a nasty divorce and custody fight. Can my spouse put a video camera or sound recorder in my vehicle? Is it legal to tape me in my car, video or sound?
1 Answer from Attorneys
It is illegal to record a person's voice without the person's consent. However, if you know about a recording device, such as voicemail, and you continue to speak, then it could be argued that you impliedly consent.
If installing the device required breaking and entering, then the installer might be prosecuted for that. However, if the installer is co-owner of the property, then the installer does not commit a breaking and entering.
Ultimately, even if your spouse's conduct is not illegal, the divorce court might consider it when deciding what is a fair settlement of the divorce case.
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