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  1. #1
    Join Date
    Mar 2012
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    12

    Default Can I Take a Picture of Someone While They Are on My Property, Without Consent

    My question involves criminal law for the state of: California

    I was curious about the privacy law in this state. If someone walks onto my property(not the front yard, but well into the property), is it legal to take a still photograph of them without their verbal or written consent?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,087

    Default Re: Can I Take a Picture of Someone While They Are on My Property, Without Consent

    Yep. Publishing it is another matter entirely.
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  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Can I Take a Picture of Someone While They Are on My Property, Without Consent

    An uninvited transgressor (I'm assuming you're referring to uninvited) has no reasonable expectation of privacy on your private property. For that matter, a person has no reasonable expectation of privacy when walking down the public sidewalk. So, yes, you can take their picture without their express consent.

    But, as Missy says, what you do with that picture could be a different matter. If, as I think you infer, you want to show it to the police as evidence of trespassing or some other crime, you can freely do that.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can I Take a Picture of Someone While They Are on My Property, Without Consent

    Quote Quoting SolidTD
    View Post
    My question involves criminal law for the state of: California

    I was curious about the privacy law in this state. If someone walks onto my property(not the front yard, but well into the property), is it legal to take a still photograph of them without their verbal or written consent?
    Yes.

    But, to ditto the others, publishing it in some way might cause you problems.
    A Nor Cal Cop Sergeant

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    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Can I Take a Picture of Someone While They Are on My Property, Without Consent

    If not, then there are a lot of illegal security camera out there doing exactly what you describe. Lol

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