Spring, TX asked in Criminal Law for Texas

Q: Is it legal for police to film you with on private property?

I was accused of a crime, and a day after my release a sheriff's cruiser was parked across from me in the secured parking structure of my apartment complex, this car was parked for six weeks, but moved at times, and had the red light of the camera on when it had a direct view of my car. A week later there was a someone outside of my window at 5:30am doing something with the window sill. Two weeks later it happened again at the same time. I jumped up to look outside when he left, but the person ran quickly and was wearing a baseball cap.

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2 Lawyer Answers

Gary Kollin

  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: It is not illegal.

However, the veracity of your story will be doubted because you never photographed the car.

Second you have no evidence it was the police

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: In Texas, evidence that was obtained illegally may not be used in court. If prosecutors intend to use photographs, videos, or other information against you then they'll need to explain how it was obtained. Filming outside an apartment complex is fine, but except in special circumstances, they should not be filming in any place where you could stand around naked and reasonably believe that you had privacy.

The specific circumstances of your case should not be posted on a public website. Have a private conversation with your criminal defense attorney about this issue.

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