If she is, indeed, shooting up on the landing where it could be reasonably assumed that another tenant would see her than the photographic evidence is legal. The only time cameras come into question is if the person has an expectation of privacy. If you are photographing or filming a public place then you can take pictures of anyone or anything you want. That's why celebrities don't have much recourse when it comes to the paparazzi - they can't expect privacy when out in public. In fact, I can stand out on the sidewalk and take pictures of the inside of your house, as long as you leave the treatments open, and I'm within my legal rights.
It's the same thing with "plain sight" and not needing a search warrant. If you have a pot plant growing in your front window and it is visible from the sidewalk the cops can come into your home without a warrant because the evidence is in plain sight. Same thing with your car or the trash can in your cubicle. Anything reasonable to assume someone else might see becomes admissible.
Anyhow, that's what I was taught in my photography classes. I'd double check with a lawyer, of course. However, I don't see any problem with you setting up the camera. Bystander photos and video have played important parts in many trials.
I'd get it now so it doesn't look like harassment (if she, heaven forbid, finds out about it). Keep up on the taping in case she starts doing drugs or moving in lab equipment again. It might be enough for a search warrant.
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branchandroot
no subject
Date: 2006-06-09 07:02 am (UTC)It's the same thing with "plain sight" and not needing a search warrant. If you have a pot plant growing in your front window and it is visible from the sidewalk the cops can come into your home without a warrant because the evidence is in plain sight. Same thing with your car or the trash can in your cubicle. Anything reasonable to assume someone else might see becomes admissible.
Anyhow, that's what I was taught in my photography classes. I'd double check with a lawyer, of course. However, I don't see any problem with you setting up the camera. Bystander photos and video have played important parts in many trials.
I'd get it now so it doesn't look like harassment (if she, heaven forbid, finds out about it). Keep up on the taping in case she starts doing drugs or moving in lab equipment again. It might be enough for a search warrant.