Tresspassing/Invasion of Privacy - Do I Have a Case

[kt042981]

My question involves criminal law for the state of: Colorado

I have suspected that someone recently living with me has been sneaking into my bedroom while I am working. Last night (Thursday January 22nd) I went to work between 7:50pm and 8:00pm - placing a camcorder (which has a timestamp) underneath my bed, pointing at my closet. I got home around 12:30pm and pulled out the camcorder. I rewound the tape to the very beginning hit play and what it showed was someone pushing the camcorder forward, scraping the 'eye' across the carpet, underneath my bed - the timestamp read 20:52 (8:52pm). I can definitively prove that I was 20-25 miles away by this time in Westminister, Colorado. What this means to me is that someone came into my bedroom, snooped around, found the camcorder, rewound the tape, hit the record button, pushed it back underneath my bed and left. You can hear either a sigh or sneer from the individual just before they leave.

I am currently living with my parents and one other individual - I have confronted my mother and learned she was in bed by that time. My father, she said, was upstairs (my bedroom is downstairs) - and honestly, I have no reason to suspect either of my parents. The only person that leaves is the other person living here. I was just going to let this go after putting a lock on my door, however, because of other events that happened a few hours ago I want to look into pressing charges.

The other individual has been a family friend for almost a decade and moved in at the beginning of the year due to not having enough work to make his rent payment.

The video does not show the individual's face or any other part of their body, and there is no other indication of who it is except for the sigh/sneer (which was obviously male and did not sound like my father) and the fact that the only other two people in the house at the time were my parents. I have not found anything missing or out of place, however, that does not say that the person wasn't making sure that it looked like no one had been there.

Do you think I have a case here? Or if anything, the ability to file for a restraining order or something of that nature? I have been living with my parents again for about 2 years now, and may end up having to live with this person for atleast another six months.

[cdwjava]

If there is no lock on your door, and nothing has been stolen, then there may be no crime here .. MAYBE trespassing. But, with three people living in the house, you have built in reasonable doubt absent a confession by this person.

Try a new lock.

Now, you can call the police and report it, but I'm not sure there is anything that they can do about it even if he does admit to having gone into your room. The crime of trespassing generally requires more than merely traversing property controlled by you.

- Carl