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tabshayme

admissable photos

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I live in Maine. I have a summons for stealing drugs, which is a class c felony in Maine. Do you have to be aware or give your permission to be photographed, video taped or tape recorded?

Can said photograph's, video tape, or tape recording be used as evidence against me if I was unaware that I was being photographed, video taped or tape recorded, by a civilian, as well as by a police officer? Can a tape recording be used as evidence, if a police officer is the one recording, says he read me the Miranda rights, but never informed me that our conversation was going to be recorded, & that I was entitled to an attorney? Does there have to be some type of posting, that is visiable by person entering someones property/home that states there is surveillance camera's or other type of recordable device, protecting their property/home?

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In short, the answer is no but it would, somewhat, depend on the circumstances. How were you photographed and video taped?

Maine is a one party state meaning that only one of the parties involved has to give consent in order for a conversation to be recorded. So as far as your questions regarding a tape recording, they would likely be admissible.

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tabshayme said...

Do you have to be aware or give your permission to be photographed, video taped or tape recorded?

That depends on the circumstances. As to being photographed (including the visual part of a video recording), the basic rule is that one may photograph anything he or she can see from any place he or she has a right to be standing. For example, if I'm standing on my front lawn I may, for the most part, photograph anything I can see while standing there. An exception to that rule is taking pictures of activity in certain "private places" including restrooms, dressing rooms, etc.

As to audio recordings, both Federal and Maine law allow any party to a conversation to record it without the knowledge of any other party to the recording. Recording an conversation to which you are not a party is generally illegal under both federal and state laws. The recording may be permitted in some circumstances, however. For example, police may record a conversation to which they are not a party if they have a warrant. Recording may also be permitted if the conversation occurs in place where the parties would not expect privacy.

Thus, the details of how, when, and where the photograph and/or audio recording is taken matters as to whether any law was violated.

tabshayme said...

Can said photograph's, video tape, or tape recording be used as evidence against me if I was unaware that I was being photographed, video taped or tape recorded, by a civilian, as well as by a police officer?

If the photograph or audio recording was legally obtained, it might be admissible against against you. Whether it is admissible depends on the rules of evidence that apply in the court where the trial takes place and the details of the recording. But note that your knowledge of whether the recording was being made is not a factor in determining whether it is admissible. Undercover police recordings of the suspect engaged in criminal activity are admitted in court all the time even though the suspect had no idea he was being recorded.

tabshayme said...

Can a tape recording be used as evidence, if a police officer is the one recording, says he read me the Miranda rights, but never informed me that our conversation was going to be recorded, & that I was entitled to an attorney?

There is no law that requires the police officer to inform you that your conversation with the officer is going to be recorded. Under Maine and Federal law, that recording is permitted since the officer is a party to the conversation. Whether the tape can be admitted depends on the rules of evidence for the court in which the trial is being held. Note that if the conversation is a custodial interrogation, the officer must have advised the suspect of his rights under the Miranda decision, and if the officer failed to do that, the defendant can move to have the statements he made suppressed. If the statements are suppressed, the audio recording of that interrogation cannot be used as evidence against him. Miranda is only needed if the suspect is in custody (e.g. under arrest) at the time the questioning takes place.

tabshayme said...

Does there have to be some type of posting, that is visiable by person entering someones property/home that states there is surveillance camera's or other type of recordable device, protecting their property/home?

No signs are needed. For photographs, the homeowner may photograph anything in the home without consent of anyone else who is in the home except for photographing in certain private areas as noted above. Audio recordings are a different matter. The audio may be illegal if the homeowner is not a party to the conversation being recorded. A sign or some other notice that audio recording is taking place may solve that problem.

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tabshayme said...

Do you have to be aware or give your permission to be photographed, video taped or tape recorded?

In most cases, no.

tabshayme said...

Can said photograph's, video tape, or tape recording be used as evidence against me if I was unaware that I was being photographed, video taped or tape recorded, by a civilian, as well as by a police officer?

Yes.

tabshayme said...

Can a tape recording be used as evidence, if a police officer is the one recording, says he read me the Miranda rights, but never informed me that our conversation was going to be recorded, & that I was entitled to an attorney?

Miranda warnings are only required if a suspect is in custody and being subjected to interrogation. Accordingly, unless custodial interrogation was occurring, the lack of Miranda warnings would be irrelevant.

tabshayme said...

Does there have to be some type of posting, that is visiable by person entering someones property/home that states there is surveillance camera's or other type of recordable device, protecting their property/home?

No.

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