Harassment, Stalking, Misconduct Remote Monitoring of 7-year-old Son in Public School - Michigan

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autumn1978

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My 7-year-old son is in second grade and attends a public school district. Is it legal for me to attach a tiny, concealed audio device to his clothing so I can listen to his surroundings remotely?

I am concerned that a certain volunteer parent may be verbally abusing him, but I can't seem to get a straight answer from his teacher or the principal.

While this may seem like an unconventional approach for some, it is in my line of work as a surveillance camera installer, and I have a few of these devices around the office given to me as promotional items.
 
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autumn1978 said:
My 7-year-old son is in second grade and attends a public school district. Is it legal for me to attach a tiny, concealed audio device to his clothing so I can listen to his surroundings remotely?

I am concerned that a certain volunteer parent may be verbally abusing him, but I can't seem to get a straight answer from his teacher or the principal.

While this may seem like an unconventional approach for some, it is in my line of work as a surveillance camera installer, and I have a few of these devices around the office given to me as promotional items.
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No. You would be violating Federal Law.
 
Maybe your next step can be going to the school board scince you can't put a listening device on your child.
 
What federal law would be violated?
The recording would be made in a public place where there is no reasonable expectation of privacy. I think it would be perfectly legal, so long as it was a recording device. There might be some issues if it transmits.
If such a recording were illegal then audio/video recording devices used by the schools for security purposes would be illegal as well. What's good for the goose....
 
mightymoose said:
What federal law would be violated?
The recording would be made in a public place where there is no reasonable expectation of privacy. I think it would be perfectly legal, so long as it was a recording device. There might be some issues if it transmits.
If such a recording were illegal then audio/video recording devices used by the schools for security purposes would be illegal as well. What's good for the goose....
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I'm not sure I agree. Although it's a public school, it likely isn't open to the general public. Most schools these days have security measures in place to prevent anyone without a specific purpose from entering the school.
 
Your best solution would be to visit your child's classroom unannounced at least three days for a month. You might have the boy's father do the same. I'll bet you'll have a better picture of things this time next month!
 
So are all reporters who investigate stories by hiding either camera or a tape recording device breaking the law?

It reminds me of a true and tragic event about 10 years or so ago. A father was being hassled by the mother of his child from whom he was divorced. Whenever the father went to pick up his child the mother and her boyfriend berated him the whole time saying inappropriate things and basically being jerks. So the father decided to conceal a recording device so he would have evidence. The next time he went to get his child the mother and the boyfriend murdered him and stuffed him in the trunk of his car (despicable truly). Anyway mom and BF thought they got away with it but when his body was discovered with the recording device and it was listened to they found that the man had tape-recorded his own murder.

Would he be in trouble for hiding the electronic device? Would the evidence be admissible.

This is a sad but true story. Studying the difficulties between divorced parents arising from custody/visitation conflicts is an avocation of mine.
 


The applicable federal law is Title II of the Omnibus Crime Control and Safe Street Act of 1968. (Title III) 18 U.S.C. §§ 2510-2520. Title III § 2511 provides in part as follows: "1) Except as otherwise specifically provided in this chapter any person who- a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral or electronic communication . Shall be punished as provided in subsection (4) or shall be subjected to suit as provided in subsection (5) ¶ (4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both."


Section 2510 (4) defines "intercept" as the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
Section 2510(5)(a)(I) provides: "(5) 'electronic, mechanical, or other device' means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than[:] (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (I) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business."

But like everything else in law, its not that easy, there are all sorts of exceptions and rules and it depends on the circumstances but MY OPINION is that you couldn't record it for one thing because there are other people there whose privacy would be compromised without their knowing.

Some of the case notes I saw mentioned a requirement that ALL parties being recorded be advised so I don't know.
 
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BayState said:
Wire Tapping.
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It isn't wire tapping. Not even close.
This question is regarding a recording device being carried in a pocket in a public place. It would be attached to no other device. There is no reasonable expectation of privacy in such a setting and nothing close to any violation of law. This is no different than a passerby with a video camera, or even a student with a cell phone making a recording at lunch time. These recording happen daily with student cell phones and are not at all out of the ordinary. So long as the device stays in the child's pocket and isn't being played with then there should be no reason for a teacher to confiscate it, but there is absolutely nothing illegal about it.
 
i can see your point, key word being intercept. Its not a message meant for someone else that you manage to get hold of makes sense to me. Everybody knows or should know that whatever you say in a room is subject to being heard by someone else so you can't say its intercepted as there is nothing to intercept. It won't be intercepted because even if what is said is addressing one specific individual still everybody knows that individual won't be the only person to hear it.

Still the laws "interpretations" of things is confusing. Like Freddie Phelps, that nutty "preacher" from Kansas whose hateful ranting isn't harrassment or stalking because he's only using his freedom of speech and we can't interfere with that. Doesn't seem right that a family is not entitled to a peaceful environment to lay their loved ones to rest but what do I know?
 
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Or to be on the safe side you could consult your DA's office ans see. Or if still no answers go to the school board with the issue.
 
mightymoose said:
It isn't wire tapping. Not even close.
This question is regarding a recording device being carried in a pocket in a public place. It would be attached to no other device. There is no reasonable expectation of privacy in such a setting and nothing close to any violation of law. This is no different than a passerby with a video camera, or even a student with a cell phone making a recording at lunch time. These recording happen daily with student cell phones and are not at all out of the ordinary. So long as the device stays in the child's pocket and isn't being played with then there should be no reason for a teacher to confiscate it, but there is absolutely nothing illegal about it.
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Please read the wire tapping laws.
 
There is no reasonable expectation of privacy in a public classroom.
In some high schools and colleges students use recorders to assist with their note taking. This scenario is not significantly different and there is no applicable wire tap law. There is no illegal eavesdrop, and there is no police action which might require a warrant. This is a private person acting well within their rights in a public setting.
 
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