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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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What is the law in California regarding me hiring someone to

Customer Question

What is the law in California regarding me hiring someone to follow and videotape my estranged wife who is filing for permanent disability and i know she is not
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ca
JA: Has anything been filed or reported?
Customer: She has done the preliminary filing to receive federal disability from injuries from a car accident 10 yrs ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: No,i just want to know if i can ask my friend to follow. My ex to document the fact that she doesn't appear to be disabled and is able to work as a photographher
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 7 months ago.

It might be legal here to tape her in a public place but the person here has to be careful in California as the law is very strict in private situations that two parties must consent.You would be better off hiring this done rather than risk being charged yourself with wrongful taping.

Reference to the law

California's wiretapping law is a "two-party consent" law.California makes it a crime to record or eavesdrop on any confidentialcommunication, including a private conversation or telephone call,without the consent of all parties to the conversation. See Cal. Penal Code § 632.The statute applies to "confidential communications" -- i.e.,conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use ofhidden video cameras to record conversations as well. See California v.Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

  • If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.

Public taping in public place would probably be ok as the law states above.

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