What laws or regulations cover using cameras on military installations in Texas?

2016-06-03T11:57:08-04:00

Over time I have encountered a few barracks thieves who just happened to have a master key and a couple times CoC or DPW doing the wrong thing within SMs rooms. Such as trying to cut locks with little \ no cause and no permission from higher up; no memos or supervision of the proper authorities. From my understanding Texas state law allows recordings audio or video as long as one person involved is aware of it. For example, the person recording. Some people tell me that if I caught a thief on camera it would be inadmissible for legal reasons because it was recorded on a federal installation \land. Would someone be kind enough to quote me federal laws or regulations for or against me using personal security cameras to be used in court. Obviously in areas that I have permission to have them set up such as a friends on post housing who thinks something is funny or in my barracks room.

Response by SSG Pete Fleming made Jun 3 at 2016 12:01 PM

2016-06-03T12:01:56-04:00

Before you do anything... UCMJ is the law on Federal Military installations, of course state and federal laws apply as well. But before you try to do any detective work it might best to check base SOPs.

Response by SGM Erik Marquez made Jun 3 at 2016 12:02 PM

2016-06-03T12:02:17-04:00

Texas law allows the recording of a group of two or more so long as one person in the group is aware of it. 1CD, and III CORPS Jag have affirmed the legal use of this recording in at least three cases I am personally aware of from 2005-2014

State wire tapping laws http://www.dmlp.org/legal-guide/texas-recording-law

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d)

Notice that is IN PERSON or telephone calls I do not know if it applies to video done remotely and not in person. Seek legal advice FIRST

Texas Recording Law | Digital Media Law Project

Note: This page covers information specific to Texas. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Response by CPT Private RallyPoint Member made Jun 3 at 2016 12:09 PM

2016-06-03T12:09:43-04:00

I would talk with your Brigade JAG to make sure.

Response by SGT(P) Private RallyPoint Member made Jun 3 at 2016 12:13 PM

2016-06-03T12:13:35-04:00

On Federal installations you are not allowed to take photos or videos. Now yes units do take photos or videos but it has to be approval from Higher Up. Which will also have to be gone through by your S2 REP

Response by SSG Private RallyPoint Member made Jun 3 at 2016 12:26 PM

2016-06-03T12:26:16-04:00

When I was WTU Cadre, the barracks had cameras all over them. All halls, stairwells, and common areas were monitored and recorded. It was not a secret. It was perfectly legal.

I am not a lawyer, take all guidance from TDS, legal, and JAG. However:

I was advised by Trial Defense Services that its a grey area recording on instillation. It can be flat out illegal in sensitive areas. However recording a conversation you are having with someone (and not telling them) is based mainly on State Law. In NY it is legal w/o a warrant but the recording can not be used criminally. It can however be used to obtain a warrant. It can also be use civilly.

Video recording falls in the same realm. Lets say a Soldier set up their own nanny cam in their barracks. Catches a thief. Normally a Commander would accept that and the Soldier would be caught. However if they lawyer up, it could be tossed. The better bet would be to use the video to have a Health and Wellfare, or obtain a warrant and search the offending Soldiers areas.

Response by 1stSgt Private RallyPoint Member made Jun 3 at 2016 12:27 PM

2016-06-03T12:27:10-04:00

Go see base legal. Once again, we are sea lawyers. Go, in person, and see the local experts.

Response by SPC Private RallyPoint Member made Jun 3 at 2016 12:38 PM

2016-06-03T12:38:09-04:00

You can go to Jagg about it, but in the meantime, just post stickers around the area advising them they are on camera. That's more than enough warning, and you can easily blur their faces out if you decide to post the video online.

Response by SGT Shawn Schweinberg made Jun 3 at 2016 12:47 PM

2016-06-03T12:47:28-04:00

You can use personal devices. Just can't put holes in walls to mount anything. If your going to get a recorder get one that's small and for recording babies rooms. Put it in the room or home. If someone breaks in don't take it to court. Show the cops the video. They can use it to find the bad guy. Hopefully the cops can put the case together with testimony to bring legal action to intruder.
Don't ask to place anything your talking about in hallways with in the barracks. The answer will be no every time. You want to catch a bad guy, but other soldiers going to and fro don't want to be recorded.

Response by SGT Shawn Schweinberg made Jun 3 at 2016 12:49 PM

2016-06-03T12:49:56-04:00

If you want get something like BB-8 (Star Wars toy). It can be used as a camera and can be watched and controlled by your phone.

Response by SPC Paul Jennings, J.D. made Jun 3 at 2016 1:24 PM

2016-06-03T13:24:59-04:00

What is your final intention? I'm assuming it's to press criminal charges, so the rules that concern this would be the federal rules of evidence. However, it will never get to this point if the appropriate law enforcement agency, MP or CID, feel the evidence does not provide reasonable suspicion of a crime being committed. This would then likely put it under the purview of the command with a 15-6 investigation. As an administrative investigation they are not bound by the rules of evidence and the video could likely be used. All of this though could likely be avoided by simply reporting this to either law enforcement of IG.

Response by PO1 William "Chip" Nagel made Jun 3 at 2016 2:56 PM

2016-06-03T14:56:08-04:00

"Smile, You're on Candid Camera". With so many Cameras in Downtown London you can count on being filmed on at least 27 Cameras if you go anywhere there. I'm not overly concerned about it.

Response by SGT Michael Koukaras made Jun 9 at 2016 2:28 PM

2016-06-09T14:28:24-04:00

Ok if you have a thief who is using a master key, here is what you need to do: seek legal counsel and contact DPW. Have DPW pull your electronic (I'm assuming) lock and pull up on their computer how many times that lock and what times that lock has been accessed with your key vs the master key. And yes they actually can do it, or at least my DPW could in Germany. Then your legal counsel should have a field day if the dates and times don't match up with inspections and or reported lock-outs.