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“As a general rule, evidence obtained in violation of the law is inadmissible as substantive evidence a court of law. Generally speaking,it is illegal to intercept any form of wire, oral or electronic communications between others unless the aggrieved party has consented to the interception.”

Recently a wealthy socialite in Texas had her mega closet broken into and the thieve was video taped with her home security system. , maybe you watched the story on the news? The three story closet was amazing! Everything was compartmentalized into handbags, shoes etc. I watched that and wondered …just how anal retentive was this woman? Did she have the compartments labeled with a label maker! Did handbags match shoes and outfits? I’m just kidding. A week later, the thief called her up and threatened her with exposing to the world that all of the stuff that he stole from her were fakes if she didn’t pay him a half a million dollars!

An amusing case of extortion! What about other extortion cases where someone like a Private Investigator, ex-spouse, or just some run of the mill criminal sets up surveillance equipment in a person’s home to try to catch someone in an act of adultery or just hoping to catch them doing something illegal so they can use the recordings as blackmail to get what they want?

U.S. Citizens are guaranteed privacy under the 4th amendment of the Constitution. You are free from illegal surveillance “secret” video recordings or wire taps when you are in a private setting such as your home. Any recording made without your consent can’t be used against you. Extortion, however, is punishable for up to a five years in prison.

Resources:

Gary Larson Cartoon
State Bar of Texas
29TH ANNUAL ADVANCED FAMILY LAW COURSE
WARREN COLE
KRISTI WIDNER