KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Camera data lawful and admissible if installed by unlicensed contractor August 13, 2024 ********************** Camera data lawful and admissible if installed by unlicensed contractor ********************** Ken I know this is mostly off topic. From a 30,000 foot view, I have wondered when smart defense attorneys will start looking into the installers of video cameras. If the company who installed the cameras is not licensed to do so, is the footage taken illegal? When everything else is failing on your defense, could this be the Hail Mary that changes the outcome of a case. Just wondered your opinion. TM ************************** Response ************************* Use by camera data [or any security data] from a legal perspective refers to its legality and it's admissibility in court. There are two categories, civil and criminal. If the cameras were installed by an unlicensed contractor two questions arise: * was it illegal for the cameras to be installed and used; * Will the data be permitted to be used by law enforcement and admitted into evidence in a civil or criminal case We start the analysis at the beginning. It is unlawful for an unlicensed contractor to install cameras without an "alarm" or "low voltage" license provided i) there is a license requirement, and ii) violation results in criminal sanction in addition to civil fine. A customer, residential or commercial, is probably not liable for criminal or civil exposure just because the camera contractor was not licensed. Sort of like a customer ordering food from a delivery service is not liable if the delivery guy doesn't have a driver's license or the restaurant doesn't have necessary business license. Law enforcement can use the data as long as law enforcement did not design or initiate the installation without a proper warrant; the use of an unlicensed contractor to install the system won't prohibit its use, though defense counsel may seize on the license issue to refute the authenticity of the video images and data. Data installed by or monitored by an unlicensed contractor would not be barred from admissibility by that fact alone. A challenge would have to specify why the data or image was unreliable or did not reflex the actual event. A camera customer is going to be able to use the data in a civil action and a challenge would have to show its unreliability; unlicensed installer would not be enough to bar its admissibility. By the way, it's possible that a license statute may specify that data from a system installed by an unlicensed contractor may not be received into evidence or used by law enforcement, but I am not aware of any such legislation, yet. The potential consequences for an unlicensed contractor usually begin with i) criminal violation perhaps rising to misdemeanor or even felony level, ii) fines, iii) injunction, iv) inability to sue to collect money owed and other consequences left to the imagination of a clever and ambitious i) license enforcement officer, ii) Assistant Attorney General or iii) Assistant District Attorney. Bottom line, be sure you are properly licensed for all security, fire and low voltage work you do or contract for and subcontract out. ************************* STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
