Ca Patriot
Regular Member
Students at a high school are noticing that items are being stolen or going missing from back packs and clothing and lockers in the girls locker room during PE classes.
Students are accusing each other of taking things but nothing can be proven.
One day a 15 yr old sophmore girl decides to do a little "sting" operation and she hides in a locker and uses her cell phone to video through the hole in the locker. Her video catches a school teacher going through the back packs and clothing and taking items.
Student turns over the video to school and police and now there is an investigation.
Here are my two thoughts...... First, the student broke the law by secretly and covertly filming in an area where people have a reasonable expectation of privacy.
California Penal Code 647 :
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
Secondly, the video of the teacher wont be allowed as evidence during a trial because it was illegally obtained.
http://gma.yahoo.com/california-student-catches-alleged-thief-on-camera--a-teacher-015412679.html
Students are accusing each other of taking things but nothing can be proven.
One day a 15 yr old sophmore girl decides to do a little "sting" operation and she hides in a locker and uses her cell phone to video through the hole in the locker. Her video catches a school teacher going through the back packs and clothing and taking items.
Student turns over the video to school and police and now there is an investigation.
Here are my two thoughts...... First, the student broke the law by secretly and covertly filming in an area where people have a reasonable expectation of privacy.
California Penal Code 647 :
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
Secondly, the video of the teacher wont be allowed as evidence during a trial because it was illegally obtained.
http://gma.yahoo.com/california-student-catches-alleged-thief-on-camera--a-teacher-015412679.html
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