The U.S. Tenth Circuit Court of Appeals in its decision on U.S. v. Hay has ruled that, due to the proliferation of video cameras throughout society, a person’s reasonable expectation of privacy from being filmed has been diminished.

The case arose from Kansas law enforcement’s recordation of the front of Hay’s home for 68 consecutive days, 15 hours per day from a camera on a pole positioned across the street from Hay’s home. There was no warrant issued for the surveillance. Based on the evidence obtained from the video footage, Hay was found guilty on 16 charges related to lying about his disability status to collect benefits from the Department of Veteran Affairs (VA).

Hay appealed, He argued that the months-long surveillance of his home crossed a line. However, the federal court ruled that law enforcement can videotape the outside of your home, partially because of how prominent video cameras have become in society.

U.S. v. Hay has set a precedent with regard to how cameras can be used by law enforcement. It clearly defines what federal agents can record, and what is considered a “reasonable expectation of privacy.” According to this case, the front of your home is not private.

If you or your business are involved in questionable activities, keep them indoors and contact your attorney to assure what you are doing does not run afoul of the law.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.