what kind of lawyer could get me a hospitial video survellence tape

Can accident victims get private surveillance videos of a business?

Private surveillance videos shot by stores and other commercial businesses are the property of the businesses themselves, and accident victims have no legal right to obtain them. Having said that, you can request copies of these videos, and some businesses may grant your request.

How effective is surveillance video in court?

Given the popularity of surveillance video and its power in litigation, it is vital for both plaintiffs and defendants to comprehend the constraints and not reduce it to misinterpretation rather than enlightenment of the episode. This is not to knock the effectiveness of surveillance video in court.

Where can I find information about video surveillance laws by state?

If you’d like assistance or more information on video surveillance laws by state, post your legal need to UpCounsel’s marketplace. Lawyers from UpCounsel consist of Harvard and Yale graduates, who have an average of 14 years of legal experience.

Is it legal for employers to monitor employees via video surveillance?

There are no explicit laws or legislation in the United States on the federal level that prohibit employers from monitoring their employees via video surveillance. There are, however, some exceptions.

Did the NFL see Ray Rice's video?

The conclusion being that if the NFL did see the tape before the public saw the tape, then it goofed up by not punishing Ray Rice worse than it did until the video was released for public consumption and outrage. Theories abounded as to whether the NFL had seen the tape, though an investigation later found that the N FL had not seen the tape.

Can you see a slip and fall video in a personal injury lawsuit?

Often times in a personal injury lawsuit, there can be a surveillance video of the incident. Whether it was a slip-and- fall, an auto accident, or an intentional tort, there may be footage of the incident if it is in a public place. This footage can help improve the strength of your case.

Can you subpoena a video after a lawsuit?

You can request it informally, but you can legally subpoena it after a lawsuit is filed. As my colleague stated, you should send out a spoliation letter so the video isn't destroyed.

Can you get medical tapes without a lawsuit?

Without an existing lawsuit you will not have any right to get the tapes. The first step is to file a suit, once that is done you can ask a judge to issue an immediate order preventing the tapes from being erased so that you can get a copy of them during discovery. This will be a tricky legal standard so you almost certainly will need the help of an experienced attorney, probably someone who deals with medical...

Which amendment states that a subject has a reasonable expectation of privacy?

The subject has a reasonable expectation of privacy (4th Amendment rights) i.e. in a bathroom; motel room; changing room

What are the areas of invasion of privacy?

These include areas such as bathrooms, locker rooms, changing/dressing rooms, bedrooms and other areas where a person should expect a high level of personal privacy.

Is video surveillance legal?

In general, most video recordings are legal in the U.S. with or without consent. It is our belief that this includes video surveillance performed by a private investigator for purposes of documenting adultery, infidelity and unfaithful spouses.

Nicholas Basil Spirtos

A hospital would generally be considered a public place, even more so a public hospital. A hospital would be allowed to take video of areas open to public, and probably even other areas without getting consent of all those being videotaped.

Andra Marie Vaccaro

While it may be discoverable, it would not be considered a patient record and would have to be requested in discovery specifically.

Juan Jesus Ordaz Jr

Good question. Needs some legal research. If you wish to obtain the video, I would request it in writing and then determine your next move depending on how they respond. You may also want to consider making your request, a request to preserve the evidence (video) too. Good luck.

Is video recording allowed at ATM?

First of all, video recording is likely not prohibited. As long as the bank isn't using the video for commercial purposes, such as commercial advertising, it does not violate privacy rights. Furthermore, there is no expectation of privacy when someone uses an ATM where video surveillance is known or expected to exist.

Is there a statute for ATM video?

There are federal statutes, plus statutes in most states that deal with audio recordings, but it's not so with video. Interestingly enough, there may be statutes or regulations regarding video of ATM sites in certain jurisdictions. However, absent statutes dealing with the specific issue, the video recording is the property ...

Can a bank claim tapes are confidential?

A bank would be hard pressed to claim the tapes were confidential and the bank would probably turn the tapes over pursuant to subpoena rather than insist on a court order, which would not be hard to get in the course of the civil litigation.

Is the surveillance video of the ATM robbery private property?

He was told that the videos are private property and are only released to police upon subpoena. No surprise there, really.

How to increase the chances of obtaining surveillance video?

One way to increase the chances of obtaining surveillance video is to make sure there's a police report related to the hit and run incident. When law enforcement comes to the scene, let them know that there are surveillance cameras in the area.

What is a Martindale Hubbell rating?

Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.

Do attorneys have peer reviews?

Attorneys that receive reviews from their peers, but not a sufficient number to establish a Marti ndale-Hubbell Peer Review Rating, will have those reviews display on our websites.

Can surveillance videos be subpoenaed?

Surveillance videos can be the subject of a subpoena in a court case -- including in a car accident lawsuit -- and if the judge grants the subpoena, that means the video must be produced unless a valid defense to its production is raised.

Can you get surveillance video of a hit and run driver?

Bottom line: Unless the business shooting the video is cooperative or you bring a court action to compel its production, you will not be able to obtain surveillance video to help identify the hit and run driver who damaged your vehicle .

Can you request a copy of a video shot by a business?

Having said that, you can request copies of these videos, and some businesses may grant your request.

Does Martindale Hubbell confirm a lawyer's client?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martinda le-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.

Where are video cameras not allowed?

In some states, such as New York, Rhode Island, and California, video cameras are not allowed anywhere where an individual has a reasonable expectation of complete privacy. These locations include but are not limited to: Changing rooms. Hotel rooms. Bathrooms.

What is the Alabama eavesdropping law?

Alabama’s notorious eavesdropping statutes criminalize the use of any devices used to overheard, record, or capture any communications, whether or not the eavesdropper is present, without the express consent of one or more parties engaged in conversation or communication.

What are the places where a person may get undressed?

Bathrooms. Bedrooms. Any place where a person may get undressed. In Delaware and Connecticut, businesses have to notify their employees and customers both if there are any video cameras on the property that may break any expectations of privacy, such as in a bathroom or changing room.

Why do people use video cameras?

Generally, people are in favor of using video cameras in locations such as tunnels, stairways, elevators, and parking garages, due to the abnormally high rate of crime that takes place in these locations. These videos are often used in courts as undeniable evidence.

Which amendment protects individuals and places?

In one Supreme Court case, Justice Potter Stewart ruled that the Fourth Amendment protects individuals, and not places. When an individual knowingly exposes information to the public, they are not eligible for Fourth Amendment protections.

Is it a good idea to post surveillance signs?

Even if not specifically discussed or mandated by state law, openly posting surveillance signs that indicate the presence of a camera is a good idea, according to experts. These notices can magnify a camera’s impact on deterring crime, and makes it less likely that any individuals would attempt to commit a crime or engage in criminal behavior on the premises where the notice was posted.

Is there a law that prohibits video surveillance?

There’s a total lack of federal laws prohibiting video surveillance in public, in the workplace, and elsewhere, sometimes known as CCTV, or closed-circuit television. Most states allow this surveillance to occur, but there are some small exceptions, and some circumstances that require monitoring on a case-by-case basis.

Why is it so difficult for a property owner to prevail in a nuisance action against a photographer or videographer?

It is difficult for a property owner to prevail in a nuisance action against a photographer or videographer, because it is difficult to meet the legal burden needed to prove a claim. The annoyance to the property owner needs to be very real, and not just the result of the property owner's hypersensitivity or subjectivity.

Who has the right to take photos in public?

Broadly speaking, the public has the right to take photos and videos in public spaces, for example in public parks or city streets. The analysis becomes more complicated in privately owned spaces.

What is a nuisance in photography?

In terms of photography and video, a nuisance is some activity that interferes with a property owner's reasonable use of his or her own property.

What questions should I ask my attorney?

Questions for Your Attorney 1 Does the public have access to this particular piece of property? 2 How can I be sure that I am on private property with permission? 3 What is the scope of my permission? 4 How can I decide whether taking the photographs or videotape will fall under an exception for reporting of disaster or crime?

Can you take a video on private property?

If you are unsure of whether you can take photos or videos in a particular place, it might be helpful to speak with a lawyer. If the photographs and videotapes are taken on private property, there are several areas of law that could lead to liability for the photographer, such as invasion of privacy, nuisance, and physical harm or harm to the reputation of the property owner. Remember, the legal inquiry is fact driven, and a lawyer should know which facts are helpful to you and which are harmful, and be able to advise you about what to do.

Do you abuse permission to take photos?

If you have permission (sometimes called a " license ") to be in a particular location or take photos there, do not abuse the permission.

Is it a trespass to extend a camera over a fence?

Extending a camera over a fence may be a trespass.

What is the surge in surveillance video in courts?

The surge in digital recording equipment and surveillance video in courts has catapulted. Today, video surveillance technology has advanced in such a way that occurrences can be viewed from various angles giving the court more evidence to work with.

What are the sticking points of the admissibility of video surveillance as evidence?

The sticking points of the admissibility of video surveillance as evidence are the typical archetypal trial objections lawyers will instigate concerning newly introduced evidence, principally based on unjustified prejudice, rumor, or the lack of a basis for the evidence presented. These are legal arguments that are given to the prosecutor to defend against in putting forward the evidence at trial. The role of law enforcement in the procedure is to make certain that in bringing video surveillance evidence to court, all the appropriate steps and protections have been considered in securing and maintaining said evidence.

What is the role of law enforcement in video surveillance?

The role of law enforcement in the procedure is to make certain that in bringing video surveillance evidence to court, all the appropriate steps and protections have been considered in securing and maintaining said evidence. ...

What are the rules of evidence?

Certain essentials in the law of evidence must always be considered when utilizing digital video images: -Conservation The obligation to correctly store and maintain memory-cards and other impermanent storage gadgets on which images are documented. -Genuineness.

What is digitally recorded documentation?

The digitally recorded documentation is an honest and precise likeness of what the supporter of the data declares it to be. -Policy. There should be a structured agency policy for evidence compilation and maintenance that incorporates digital and electronic evidence such as computer data and emails. -Admissibility.

What happens if an organization has video cameras installed?

The public concludes that if an organization has video cameras installed and noticeable, they have proposing “intent to protect.”. Therefore, the public has a right to expect this protection. Because of this, to a certain degree, liability is involved and the people are challenging businesses along this line and winning in court.

Is surveillance evidence?

Over the last two decades, surveillance was evidenced on videotape, costly, and tricky to utilize and stock as evidence. It was unlikely that a litigation team would get hold of evidence for court cases, and when they did, it was little better than a homemade video shot from an irrelevant awkward angle. The problem is video surveillance is not a “fool proof” method. The inability to properly secure detail leading to arrest and conviction can become a big issue at best.