Legal Question in Criminal Law in Tennessee
Is it legal in the state of Tennessee for anyone, who does not own or reside on the property to video or audio record on private property without the property owner's or resident's knowledge or permission and then use the recordings as evidence in a court of law?
1 Answer from Attorneys
This is actually quite a complicated issue. First of all, if the person was on the property without the owner's permission, then the owner can sue the person for trespass. From the facts you give it also sounds like the owner could sue for invasion of privacy. However, as for the evidence to be used in court, unfortunately the Constitution only protects people from government intrustion and not individuals. Therefore, the evidence, while illegally obtained, would likely still be able to be used in court. Now, if those were officers who obtained that evidence, you could get that excluded if there was no search warrant.
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