Nanny Cam Recordings Ruled Admissible by California Court

In case you did not know, California is one of the few states that requires consent of all parties to a recorded conversation before the recording can be admissible as evidence.  In fact, if there is no consent, the recording can actually be considered a crime. This means that if you record a spouse, significant other or a nanny without their consent, you cannot use the recording as evidence in court.  In a recent ruling in the case of Trever P. by the Fifth District Court of Appeals, located in Fresno, California, the court found that the Nanny Cam recording is admissible, creating an exception to the “all party consent” rule.

The Court of Appeals reasoned that the parent can give consent for his/her minor child and the nanny cannot have a reasonable expectation of privacy in someone else’s home.  The Court explained that the parent can give consent on behalf of the minor child if they suspect that a crime is taking place and based on such consent the recordings can be admissible as evidence against the nanny.  In this particular case, the Court was also moved by the evidence from the recording, which they called “some of the most sickening evidence.”

Based on this ruling, nannies should be on their best behavior and parents can feel secure knowing that they can use the recordings to prosecute a nanny who abuses their children.

The full text of the Court’s ruling can be found at this link:  http://caselaw.findlaw.com/ca-court-of-appeal/1870792.html

Marina Manoukian is the Head of Family Law at ADLI Law Group, and has been a family law practitioner for over 22 years.

© 2017 Marina Manoukian