New York Man Arrested for Filming Someone Without Permission

Have you seen the trending 1st Amendment Audit videos on social media? Video creators, such as Long Island Audit Inc., have produced content resulting in millions of views. Interestingly, so many individuals, law enforcement included, don't realize that filming video and taking pictures in public places is a constitutional right.

What's not a constitutional right is filming someone in private, without permission. A Capital Region man has been arrested and charged with Unlawful Surveillance.

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Generally speaking, the New York State Senate defines Unlawful Surveillance in the 2nd Degree with these characteristics:

Recording a person undressing or the sexual or other intimate
parts of such person in private without consent
Recording a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel without such person's knowledge or consent.
Record at a place and time when such person has a reasonable expectation
of privacy.

Photo by Claudio Schwarz on Unsplash

According to New York State Police, on February 18th, troopers received a complaint that a victim was privately recorded without their knowledge or permission while at a location in Albany, NY. The investigation determined that a suspect recorded the victim in a compromising situation without requesting their permission or getting their consent.

On March 29th, officers from Clifton Park arrested 20-year-old Bryan M. Constanzo of Albany, NY for Unlawful Surveillance in the Second Degree. Constanzo was arrested at State Police Clifton Park and processed. He was issued an appearance ticket returnable to the Albany City Court on April 7, 2023.

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