Can You Be Videotaped Without Your Knowledge and Consent

My question involves criminal law for the state of: Pennsylvania
I was video (and audio) recorded by my ex-husbands brother after an all game in a parking lot. I had no idea that he was recording me until the very end of the tape. The tape was brought into a custody hearing where they claimed certain things that I denied. I did not give consent for the video. The judge allowed the video in court after my lawyer onjected and he is now trying to bring me up on pergery charges. My lawyer objected because it is a violation. Would there be any reason that this wouldn’t be a violation and that I couldn’t press charges? What are the loopholes?

If you were in in a public place, he does not need your consent. The court obviously didn't seen any issue with it.

I doubt you'll have to worry about perjury charges unless it was pretty blatant, in which case the state does seem to have some very good evidence.

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Quoting Nrhoffman0385

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Would there be any reason that this wouldn’t be a violation and that I couldn’t press charges? What are the loopholes?

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Pennsylvania allows the use of recording devices in areas to which the public has access or there is no reasonable expectation of privacy.

Parking lot:

1 - Public.
2 - No expectation of privacy. (Oh, you may have thought you had privacy but, legally, you didn't.)

That's why the judge allowed it.

No, your lawyer objected that the judge would just go along and to preserve the possibility of an appeal. Unless he was a really bad lawyer he knew that video shot in a public place was legal. Or of course you may have lied to him about how, when and where the video was shot.

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Quoting free9man

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If you were in in a public place, he does not need your consent. The court obviously didn't seen any issue with it.

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that isn’t true. It is whether one had a reasonable expection of privacy. While most people think merely being out in public removes such expectation, if one attempts to keep their conversation secret, they retain the expectation of privacy.

If a person is isolated from all others and speaking in a voice that is intended to be heard by nobody other than the party being spoken to, it can be argued the expectation of privacy remained. If there were people walking by that could hear the conversation, then there is no expectation of privacy.

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Quoting jk

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that isn’t true. It is whether one had a reasonable expection of privacy. While most people think merely being out in public removes such expectation, if one attempts to keep their conversation secret, they retain the expectation of privacy.

If a person is isolated from all others and speaking in a voice that is intended to be heard by nobody other than the party being spoken to, it can be argued the expectation of privacy remained. If there were people walking by that could hear the conversation, then there is no expectation of privacy.

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For audio recording, yes. For video recording, my statement stands. There was not apparently an issue as the court allowed the evidence.

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Quoting free9man

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For audio recording, yes. For video recording, my statement stands. There was not apparently an issue as the court allowed the evidence.

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So you think there could be perjury issues because of what a video recording showed?

If you can be seen from a public vantage point there is no expectation of privacy. They only thing that matters here is the audio recording and yes, you can have an expectation of privacy even if you are in a public place if you act in a manner to make your conversation private. Judges can make incorrect decisions. Just because a judge ruled as he did it doesn’t mean he is correct. I presume he is as they do tend to be correct most of the time but without all of the facts, it’s impossobke to venture an accurate guess.

Regardless I was addressing the statement that a person has no expectation of privacy simply due to the fact they are “in public”. That is not a correct statement

It was in a parking lot, but there were only 4 adults. Two of which were watching ( one was recording), my ex husband... and myself. It was both video and audio. What I have read is that expectation of privacy only is applied to certain individuals (ie: law enforcement)
Video is okay in public areas, not audio (based on what I read)

If you and your ex were trying to keep what was being said private and not shouting or speaking in raised voices, there may be issues with the use of that audio recording in court. Your attorney attempted to prevent it being entered and the judge disagreed. You may seek to appeal using that as an issue.

As for the possibility of perjury charges, who is seeking them? Your ex? If charges are brought based on what is heard in the recording as opposed to what is seen in the video, you may defend based on an expectation of privacy.

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Quoting Nrhoffman0385

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It was in a parking lot, but there were only 4 adults. Two of which were watching ( one was recording), my ex husband... and myself. It was both video and audio. What I have read is that expectation of privacy only is applied to certain individuals (ie: law enforcement)
Video is okay in public areas, not audio (based on what I read)

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Video is ok if the recorded is viewing from a legal vantage point. Audio can be messy. If I’m in the middle of a crowd but I shield our faces and speak in the lowest tone possible for the other to hear such that it can’t be heard by others around me, I have sought to retain my expectation of privacy.

If I’m in the middle of a parking lot and others could hear me if IF they were near, it is arguable you had no expectation of privacy. What makes it messy is that you knew there were no others around so there was no need to make an effort to conceal your conversation.

I wojld argue that it was a private conversation that was held in such a place and manner that it was intended that no outsiders could hear it. Due to that it required all participants to grant permission to be recorded.

Cops have no expectation of privacy when performing their duties. That’s been ruled on by the US Supreme Court. As to a cop recording; that’s a mess. Last year’s there was a bill introduced in PA legislature to allow a cop to record within a private home without permission. That means unless that bill passed it is unlawful for a cop to record within a private home without permission. I don’t know if the police (in PA) are allowed to record all conversations with private citizens without permission. That would take some research which I don’t have time to do at the moment.