Melbourne, FL asked in Juvenile Law for Florida

Q: Is it legal for someone to record a minor without their consent?

A controlled by took place where in the video record of the controlled by there is footage of a minor smoking. I thought that without a minors permission given it is against the law and against their rights?

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: There are laws against video voyeurism (Fla. Stat. 810.145) and recording audio without a person's consent (934.03), but both laws have exceptions for law enforcement. This should be discussed with the criminal defense attorney handling the case. Also, legal steps can be taken to protect the minor's identity. However, it is doubtful that he video of the controlled buy of illegal narcotics will be suppressed on this ground. Consult an attorney!

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