Surveillance, Counter-Surveillance, and Photography/Video Documentation
Domain 5: Surveillance, Counter-Surveillance, and Photography/Video Documentation
This domain tests lawful surveillance planning, visual documentation, and recognition of counter-surveillance. The central question is always whether the subject has a reasonable expectation of privacy in the place observed.
Core rules
- Public view: observation and photography from a public street or other public place are generally lawful, but do not trespass, block traffic, or use a camera to see into a private interior.
- Private places: restrooms, bedrooms, changing rooms, and hotel rooms are off-limits. Hidden cameras in private places can violate eavesdropping and privacy statutes and create serious civil liability.
- Audio: video does not automatically authorize audio. Michigan's eavesdropping statute restricts recording private conversations; confirm participant and consent rules before recording sound.
- Documentation: note date, time, location, camera, lens, and operator. Preserve original files and metadata; do not crop or enhance originals. Keep a log of every copy.
- Counter-surveillance: look for repeated vehicles, loiterers, and unusual attention. Do not confront; break off, document, and report.
Worked example
You are asked to prove a disability claimant is working. From a public sidewalk, you video the subject carrying roofing materials from a truck to a job site. The video is taken in public view and shows the activity without audio. You log the time and location, preserve the original file, and do not zoom into the truck cab or follow onto private property.
Traps
Thinking a telephoto lens defeats privacy expectations. Recording audio "because the camera has a microphone." Continuing surveillance after the subject notices you and asks you to stop; that can support stalking or harassment.