Attorney, Steve Lombardi reports...
Family Law: Electronic surveillance of wife's bedroom activity leads to $22,500 judgment
The decision discusses a video cassette recorder positioned above the ceiling, a camera concealed in an alarm clock located in the bedroom regularly used by Cathy, and a motion sensing “optical eye” installed in headboard of the bed in that room.” The District Court found Jeffrey had invaded Cathy’s privacy and entered judgment in the amount of $22,500.00.
It’s pretty clear the Court finds married spouses even during the marriage, and while living in the same residence could be found to violate the other’s right to privacy if electronic equipment is used to record activity.
This is a case of first impression in Iowa but one that has been decided in North Carolina finding estranged spouses living separately have an expectation of privacy between themselves. (Miller v. Brooks, 472 S.E.2d 350 (N.C. Ct. App 1996)) And also Clayton v. Richards, 47 S.W.3d 149 (Tex. App. 2001) Even during a marriage the bedroom carries with it an expectation of privacy. (more)
