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P. Simmons
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Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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In South Dakota is illegal to record a conversation or discussion

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In South Dakota is illegal to record a conversation or discussion that you are not present for. However, a person that has no reasonable expectation of privacy(ie-someone beating someone up in a parking lot out in the open) has almost no legal recourse against you for taping them. If one suspects that their apartment is being entered without consent and without notice when they are expecting no one to be letting themselves into said apartment would it be a crime to set up a camera that records audio? Does this person have an expectation of privacy as no one is around to hear them. Or, does this person give up their right to privacy by entering another's dwelling without legal right or proper notice?
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Great question. The answer is that the law does NOT give a criminal a reasonable expectation of privacy.

So there is no law that would prohibit setting up a video/audio recorder to capture a potential trespasser.

The key will be expectation of privacy.

Example...say you allow a friend to use the home. At that time, they would have a reasonable expectation of privacy. So recording them remotely (without your presence) would be a crime.

But if the purpose is to catch criminal misconduct? There is no prohibition.

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