Posted on Jun 3, 2016
What laws or regulations cover using cameras on military installations in Texas?
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Over time I have encountered a few barracks thieves who just happened to have a master key and a couple times CoC or DPW doing the wrong thing within SMs rooms. Such as trying to cut locks with little \ no cause and no permission from higher up; no memos or supervision of the proper authorities. From my understanding Texas state law allows recordings audio or video as long as one person involved is aware of it. For example, the person recording. Some people tell me that if I caught a thief on camera it would be inadmissible for legal reasons because it was recorded on a federal installation \land. Would someone be kind enough to quote me federal laws or regulations for or against me using personal security cameras to be used in court. Obviously in areas that I have permission to have them set up such as a friends on post housing who thinks something is funny or in my barracks room.
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Fort Cavazos Legal Services
Posted >1 y ago
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Texas law allows the recording of a group of two or more so long as one person in the group is aware of it. 1CD, and III CORPS Jag have affirmed the legal use of this recording in at least three cases I am personally aware of from 2005-2014
State wire tapping laws http://www.dmlp.org/legal-guide/texas-recording-law
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d)
Notice that is IN PERSON or telephone calls I do not know if it applies to video done remotely and not in person. Seek legal advice FIRST
State wire tapping laws http://www.dmlp.org/legal-guide/texas-recording-law
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d)
Notice that is IN PERSON or telephone calls I do not know if it applies to video done remotely and not in person. Seek legal advice FIRST
Texas Recording Law | Digital Media Law Project
Note: This page covers information specific to Texas. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.
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SGM Erik Marquez
SPC (Join to see) - As noted above
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d)
but that does not cover video recording by a remote device (motion activated camera)
Keeping in mind laws are written for what you can not do, not what you can... So unless there is a law that states you CAN NOT video record your personal space, it's is by default legal.
Go see post legal... no matter what they SAY, get it in writing. If they will not write you a response, type up what you THINK they told you and forward it to the JAG and CC the IG, asking if you understood the conversation correctly. They will respond in some form or fashion...
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d)
but that does not cover video recording by a remote device (motion activated camera)
Keeping in mind laws are written for what you can not do, not what you can... So unless there is a law that states you CAN NOT video record your personal space, it's is by default legal.
Go see post legal... no matter what they SAY, get it in writing. If they will not write you a response, type up what you THINK they told you and forward it to the JAG and CC the IG, asking if you understood the conversation correctly. They will respond in some form or fashion...
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SGM Erik Marquez - I had posted that before I noticed your edit. I like your outlook on there being a law of can not. Probably 80-90% of the time I am asked or have seen people asked to show it is allowed; kinda like the scenario of guilty until proven innocent. I see that a lot in military.
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CPT John Sheridan
I suggest asking CID and or your JAG Office. The restrictions regarding wiretapping and consent likely do not apply as an expectation of privacy should not apply to someone in a place they do not belong. You'll need to know specific to Fort Hood, but law enforcement and government authorities routinely do video surveillance without warrants or notification in public spaces.
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1SG Patrick Burke - I`m not sure who made this review but It nicely sums up how I feel about fort hood. Even on post. I feel/felt safer in Afghanistan
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When I was WTU Cadre, the barracks had cameras all over them. All halls, stairwells, and common areas were monitored and recorded. It was not a secret. It was perfectly legal.
I am not a lawyer, take all guidance from TDS, legal, and JAG. However:
I was advised by Trial Defense Services that its a grey area recording on instillation. It can be flat out illegal in sensitive areas. However recording a conversation you are having with someone (and not telling them) is based mainly on State Law. In NY it is legal w/o a warrant but the recording can not be used criminally. It can however be used to obtain a warrant. It can also be use civilly.
Video recording falls in the same realm. Lets say a Soldier set up their own nanny cam in their barracks. Catches a thief. Normally a Commander would accept that and the Soldier would be caught. However if they lawyer up, it could be tossed. The better bet would be to use the video to have a Health and Wellfare, or obtain a warrant and search the offending Soldiers areas.
I am not a lawyer, take all guidance from TDS, legal, and JAG. However:
I was advised by Trial Defense Services that its a grey area recording on instillation. It can be flat out illegal in sensitive areas. However recording a conversation you are having with someone (and not telling them) is based mainly on State Law. In NY it is legal w/o a warrant but the recording can not be used criminally. It can however be used to obtain a warrant. It can also be use civilly.
Video recording falls in the same realm. Lets say a Soldier set up their own nanny cam in their barracks. Catches a thief. Normally a Commander would accept that and the Soldier would be caught. However if they lawyer up, it could be tossed. The better bet would be to use the video to have a Health and Wellfare, or obtain a warrant and search the offending Soldiers areas.
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