Q: In KY, can law enforcement put an audio/video recording device inside a private owned apartment building without consent
Law enforcement entered a building with av recorder where a CI was there to do a controlled buy. The CI did not have permission to be in the building either. The camera was not placed on the CI. It was on a shelf inside the building for hours. The part of the building where this took place was a storage area that multiple people had access. Is it legal for detectives to enter and place a recording device or is that invasion of some type? Thank you for your time
A: If the detectives had permission from the owner of the apartment complex or the manager and it was a common area then they can place the recording device there. If it was a private apartment bedroom then they would have to likely get a warrant before they could place the device there if they did not have permission from the owner or manager of the complex. It would also change things if it was a condominium as opposed to an apartment.. The more open the area is the more likely they could place a device there.
A: If the police had permission grom the owner or if they obtained a wiretap warrant, the answer is yes.
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