3 Rules for When the Police Can Take Your Home Security Videos

It’s understandable if the thought of the police taking video of your home without permission — or knowledge — makes you nervous. Although security companies have different policies regarding law enforcement, the police have the means to replace them and take video from the cloud or storage, usually in an emergency.

Worse, laws vary not only from country to country, but also from country to country, and can change over time with new legislation or court decisions. That makes it difficult to find reliable and timely advice online, whether you’re browsing Reddit or looking up past cases.

Let’s get things straight: Here are the latest laws about when the police can take your home video that apply widely in the US and the latest legal trends on the matter.

1. Police can request home security footage in emergency situations

First, law enforcement has the option, as described in the company’s privacy policies, to request cloud video recordings in the event of an emergency. Here “emergency” usually means a life-or-death situation or something more pressing, such as a kidnapping or a manhunt for a violent criminal.

Most security companies offering video storage in North America will accommodate and consider these emergency requests. Here’s an explanation from Google Nest on how it handles sharing user data with law enforcement, how it may try to limit the scope of a user privacy request, and how it may or may not notify users about the request. Security users may not know that their cloud videos have been accessed by the police.

“Before complying with a request, we verify that it complies with the law and Nest’s policies,” the company said. “We inform users about legal requirements, if appropriate, unless prohibited by law or court order. And if we think the request is overly broad, we will try to limit it.”

In these cases, law enforcement contacts the cloud video management organization directly (usually your security product like Arlo or Ring), and requests specific video recorded locally through channels programmed to allow such requests.

An important note: There is an option to share videos stored in the cloud, but security companies usually do not allow law enforcement agencies to look directly at the live view from the cameras. Due to end-to-end encryption and related processes, even security companies themselves may not have this capability except in some cases of professional home monitoring.

2. Law enforcement can use a warrant to access home security devices

Another option is for the police to take camera footage using a warrant or similar court order. Warrants allow police to go through your home security equipment and inspect it, including any local storage you have, so avoiding cloud storage won’t help much.

Generally, warrants are only granted when the police can provide some evidence that a crime may have occurred in the area. It depends on the court and judge where the warrant is requested, but granting warrants is common. The warranty then takes effect and has a specific scope of where and when it applies (which is why you should always ask to see a warrant if law enforcement is looking for your security cameras).

Warrants raise another important question: Will you find your home camera if it’s seized during a legal search? That’s the subject of some debate, though it’s generally agreed in cases like this that the Fourth Amendment prevents law enforcement from seizing digital devices or data. forever. Bringing your camera back during real-world capture may not be cut and dry.

3. Voluntary registration of your surveillance equipment

There is a third interesting option for law enforcement that has been growing in popularity, especially in certain cities and states where police departments are looking to get into smart home technology. Home security owners can register their cameras and similar devices with local police departments, alerting them that there is a device somewhere recording. We see programs like this everywhere from Buffalo, New York’s SafeCam to the Bay Area in California.

These programs are different, but there are several important points. First, this is not the same thing as registering an alarm system with a local permit, it is specific to video recording devices. Second, registering doesn’t mean the police can look at your cameras or view any footage. They know where the live cameras are registered, so they can request photos directly from the participants who have cameras near the crime, etc.

Finally, if you give the police permission to access a registered camera, they will be able to view and copy video footage, which can be used as evidence in a criminal case. Generally, subscription plans have requirements such as preventing you from sharing videos and media and other printed materials. Remember that the police can still seek a warrant to take cameras and video footage if you refuse a request through the registration process.

A government legal claim may carry more weight

Acronyms like FBI, NSA or ICE may be very familiar and scary, but large government agencies generally he is held to the same requirements as the local police department. They need a warrant, specific permission from the user or special use of the “life-threatening emergency” clause if they want to view your camera video. That doesn’t mean federal agencies always follow the law — there are examples of ICE, HIS and other agencies breaking surveillance laws — but they are technically bound by the same constraints. In most cases.

“Can the NSA or FBI spy on my home camera?” is another concern we often see and this is where things get very unpleasant. The NSA obtained the surveillance carveouts by using Section 702 of the Foreign Intelligence Surveillance Act, a controversial piece of legislation that gives the FBI, CIA and NSA the power to seize electronic data when investigating a foreign intelligence or terrorist threat — all without requiring a warrant. . .

Although controversial, Section 702 was recently renewed and expanded by the Senate, so it’s not going away anytime soon. We don’t know much about how it’s used, but we do know that questions often center around the Internet and mobile communications. It doesn’t appear that the backdoor technology these agencies use captures home security camera data, at least not in any significant way. British webcams are another matter. Until we get more transparency about these surveillance methods, that’s all we can say for sure.

Posting home security photos online

Security products offer ways to post videos online through things like the Ring Neighbors app, dedicated forums, social media groups and more. When you post a video in a public place like this, even if it’s just asking for a tip, it’s fair game for law enforcement to use it as well.

Safety features and changing policies in police applications

Finally, we should mention that the security company’s policies on sharing data with the police may change. Just this year, Ring decided to end its free sharing program with the police, putting them at risk of the life or death claims we talked about above.

What if I don’t want my security camera footage to be stored in the cloud?

That’s an option, too. While exploring your options such as wireless home security cameras or outdoor cameras, you may want to look at cameras without subscription plans that keep the video completely out of the cloud, limiting police to warrants as a way to take a photo. You can also check out cameras with some additional features, such as LED flash lights.