Yes, the police can sometimes record your home security videos
Privacy rights advocates and the law can clash on certain issues, including home security camera footage.
The police do not have the right to look through the live images of private cameras, but they Doing have plenty of options to seize stored videos when investigating a potential crime. This includes both cloud video storage and local storage via devices like microSD cards. In some cases, you may not even be notified that the police have seized your video.
I’ve been writing about home security for over a decade, and I can attest that the details can be confusing. This topic comes up frequently on social media platforms like Reddit, where users post questions and answers about whether or not law enforcement has the right to access your security video. In this Reddit threadSome users say police need a warrant to seize personal camera footage. One user warns Readers should beware of “Reddit advocates” who claim that misinformation on this topic is common, as laws vary by state.
We’ve put together some handy legal information to help you prepare for what could happen. Let’s discuss the three main ways law enforcement can capture your home videos, what you can do to protect your footage, and whether federal agencies are held to the same rules.
1. The police can request images of home security in case of emergencies
In emergency situations, the police have the legal right to request sensitive information, such as camera footage.
First, law enforcement has the option, as outlined in the company’s privacy policy, to request cloud video footage in the event of an emergency. Here, “emergency” typically means a life-or-death situation or something else with high stakes, like a kidnapping or a manhunt for a violent criminal.
Most security companies that offer video storage in North America will handle and consider these urgent requests. Here’s an explanation from Google Nest about how it handles sharing user data with law enforcement, how it may attempt to limit the scope of the user privacy request, and whether or not it may notify users of the request. Security users may not know that their cloud videos have been viewed by law enforcement.
“Before we comply with a request, we ensure that it complies with the law and Nest’s policies,” the company says. “We notify users of legal requirements, if applicable, unless prohibited by law or court order. And if we think a request is overly broad, we will try to limit it.”
In these situations, law enforcement will contact the organization managing the video in the cloud directly (usually your security brand, such as Arlo or Ring) and request specific video footage from a particular area through channels set up to allow such requests.
Important note: There is an option to share stored cloud videos, but security companies typically do not allow law enforcement agencies to directly view live camera footage. Thanks to end-to-end encryption and related practices, even security companies themselves may not have this ability, except in some cases of professional home monitoring.
2. Law enforcement can use a search warrant to gain access to home security equipment
With a warrant, you can even seize the local storage of home security equipment.
Another option for police to seize camera footage is through a warrant or similar court order. A warrant allows police to seize and search any security equipment in your home, including any local storage you may have, so avoiding cloud storage won’t help much.
Typically, warrants are only granted if the police can provide evidence that a crime has been committed on the premises. It depends on the court and judge where the warrant is sought, but granting warrants is common. The warrant then becomes active and has a specific scope as to where and what it applies to (which is why you should always ask to see a warrant if law enforcement wants your security cameras).
Warrants raise another important question: Will you get your home camera back if it’s seized during a legal search? That’s a subject of some consideration, though it’s generally agreed from cases like this that the Fourth Amendment prevents law enforcement from seizing digital devices or data indefiniteGetting your camera back during a real attack may not be so easy.
3. Voluntary registration of your surveillance equipment
Security cameras can deter burglaries if placed in the right place, but be aware of potential problems.
There is an interesting third option for law enforcement that is becoming increasingly popular, especially in certain cities and states where police departments are looking to smart home technology. Home security owners can register their cameras and similar devices with local police departments so that they know there is a device on a specific property that is recording. We are seeing programs like this everywhere from SafeCam of Buffalo, New York Unpleasant the Bay Area in California.
These programs vary, but there are several important points to note. First, this is not the same as registering an alarm system through a local permit, it is specific to video recording devices. Second, registering does not mean that the police can look through your cameras or view recorded footage. They know where registered residential cameras are, so they can request footage directly from participants with cameras near a crime, etc.
If you grant the police permission to access a registered camera, they can view and copy video footage, which can be used as evidence in a criminal case. Often, registration programs have requirements such as a ban on sharing videos with the media and other fine print. Keep in mind that the police can still get a warrant to take cameras and video footage if you deny a request through a registration program.
A request from federal law enforcement may carry more weight
The acronyms like FBI, NSA or ICE may be more familiar and scary, but the major federal agencies are general limited to the same requirements as your local police department. They’ll need a warrant, specific user consent, or a special use of the “life-threatening emergency” clause if they want to view your camera footage. That doesn’t mean federal agencies always follow the law — There are examples of ICE, HIS and other agencies violating surveillance laws — but they are technically bound by the same limitations. In most cases.
“Can the NSA or FBI spy on my home camera?” is another concern we see often, and here’s where it gets even more unpleasant. The NSA has been granted surveillance exemptions through Section 702 of the Foreign Intelligence Surveillance Act, an infamous piece of legislation that gives the FBI, CIA, and NSA the authority to seize electronic data when investigating a foreign intelligence or terrorist threat — all without a warrant.
Although controversial, Article 702 has recently been renewed and expanded by the Senateso it’s not going away anytime soon. We don’t know much about how it’s used, but we do know that searches tend to target internet and mobile phone communications. It doesn’t appear that the backdoor technologies these agencies are using are capturing data from home security cameras, at least not in any significant way. British webcams are a different storyUntil we get more transparency into these surveillance methods, that’s all we can say for sure.
Video doorbells make it easy to share images, but they can also come at a cost.
Posting images of your home security online
Security brands provide ways to post videos online through things like the Ring Neighbors app, dedicated forums, social media groups, and so on. If you post a video in a public place like this, even if it’s just to ask for advice, it’s fair game for law enforcement to use it as well.
Security Marks and Changing Policies on Police Requests
Finally, it’s worth noting that security companies’ policies on sharing data with officers are subject to change. This year, Ring decided to end its more liberal data-sharing program with police, limiting it to the life-or-death requests we discussed above.
What if I don’t want my security camera footage to be stored in the cloud?
That’s an option, too. As you research your options, like the best wireless or outdoor home security cameras , you might want to look for cameras without subscription plans that keep video completely out of the cloud, limiting police to warrants to capture footage. You might also want to look for cameras that have specific extra features, like bright LED lights.
You can reduce the chance of this happening by sticking to local storage instead of using cloud video storage. Currently, the Lorex 4k is our top pick for a home security camera with local storage.) After a warrant or other court order is obtained, law enforcement always has the ability to capture and review video files.
Federal agencies, such as the FBI, are generally subject to the same legal constraints as police. Federal agencies may have more legal flexibility if they cite an intelligence or terrorist threat.
