Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?
I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.
Then I realized that I still had access to the front door security camera. By checking the videos I realized that my spouse was sleeping with a partner, before divorce. Now the question is, can I use those videos from the marital house as evidence in court?
A: Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be done to rule out any other legalities that might expose you to potential legal risk by utilizing these video recordings. For instance, if you signed an agreement giving your spouse use and possession of the house and your agreement not to enter it, accessing the video monitoring system may be deemed an unlawful "entry" into the home and a violation of that agreement. There may be other potential invasion of privacy issues and illegal video surveillance crimes that should be ruled out first.
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