Started By
Message

re: Drone law: what is "felony unlawful surveillance"?

Posted on 7/16/14 at 6:46 pm to
Posted by brass2mouth
NOLA
Member since Jul 2007
19712 posts
Posted on 7/16/14 at 6:46 pm to
quote:

How is that legal, because the camera is on the ground?



Yes.

You're in a public street, where you have a legal right to be/ Flying a "drone" right next to the window to video the inside or up over a privacy fence is a different story.
This post was edited on 7/16/14 at 6:46 pm
Posted by The Third Leg
Idiot Out Wandering Around
Member since May 2014
10056 posts
Posted on 7/16/14 at 6:47 pm to
So I guess someone owns the air then, no?
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26583 posts
Posted on 7/16/14 at 6:50 pm to
Actually, in some areas, people do own air rights. Not sure if that is relevant here though
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 7/16/14 at 6:50 pm to
quote:

Privacy was not reached due to tinted window. So what was tbe illegal act?


It says the crime was felony unlawful surveillance. Just because he didn't get anything doesn't mean he didn't surveil.
This post was edited on 7/16/14 at 6:51 pm
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 7/16/14 at 6:54 pm to
quote:

So I guess someone owns the air then, no?


If it's your property then yea, you own the air. In places like New York City, there are very complex air rights laws; if you haven't sold your air rights, you own them.
Posted by McLemore
Member since Dec 2003
31533 posts
Posted on 7/16/14 at 6:57 pm to
quote:

Just because he didn't get anything doesn't mean he didn't surveil.


that's a dumb argument. by your logic, had he been videoing a building with no windows at all then he could've been charged legitimately with this crime.
Posted by brass2mouth
NOLA
Member since Jul 2007
19712 posts
Posted on 7/16/14 at 6:57 pm to
quote:

So I guess someone owns the air then, no?


You do have a reasonable expectation of privacy up to a certain altitude if memory serves.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 7/16/14 at 7:01 pm to
quote:

that's a dumb argument. by your logic, had he been videoing a building with no windows at all then he could've been charged legitimately with this crime.


Look up the definition of surveillance.

It's monitoring behavior, activity, or other changing information. Videotaping a building that has no activity taking place would not fall under that definition.
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 7/16/14 at 7:16 pm to
Basically it is illegal except when the government does it. Then, it is perfectly legal
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 7/16/14 at 7:18 pm to
quote:

I know it's illegal to record audio without consent.
Not in Louisiana. Don't have to tell them you're recording.
Posted by brass2mouth
NOLA
Member since Jul 2007
19712 posts
Posted on 7/16/14 at 7:20 pm to
quote:


Look up the definition of surveillance.


quote:

sur·veil·lance
noun \s?r-'va-l?n(t)s also -'val-y?n(t)s or -'va-?n(t)s\

: the act of carefully watching someone or something especially in order to prevent or detect a crime



My Merriam-Webster definition trumps your Wikipedia definition.
Posted by McLemore
Member since Dec 2003
31533 posts
Posted on 7/16/14 at 7:30 pm to
quote:

Videotaping a building that has no activity taking place would not fall under that definition.


videotaping a building that did have activity taking place but was impossible to see inside wouldn't either.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 7/16/14 at 7:56 pm to
Hmm. Drone law, you say? I don't know anyone who specializes in that, but this guy might be able to help.

Posted by bradwieser
Cornell Fan
Member since May 2008
10555 posts
Posted on 7/16/14 at 8:31 pm to
A person is guilty of unlawful surveillance in the second degree when:

1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or

2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; . . .

LINK
This post was edited on 7/16/14 at 8:32 pm
Posted by McLemore
Member since Dec 2003
31533 posts
Posted on 7/16/14 at 10:48 pm to
haha. my friend ravi played a lawyer on it's always sunny once.

Posted by novabill
Crossville, TN
Member since Sep 2005
10454 posts
Posted on 7/16/14 at 11:16 pm to
quote:

Just because he didn't get anything doesn't mean he didn't surveil.


Can you "surveil" through a brick wall or tinted glass? I'm guessing that surveillance has something to do with seeing?
Posted by novabill
Crossville, TN
Member since Sep 2005
10454 posts
Posted on 7/16/14 at 11:19 pm to
quote:

broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person


quote:

installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person


According to this there would need to be nudity or sexual activity going on?
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 7/16/14 at 11:23 pm to
There is usually nudity involved when they cut you open.
first pageprev pagePage 2 of 2Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram