Secret Recordings in New Hampshire: What Granite Staters Need to Know About Wiretap Laws and Smart Doorbells
From Joseph Kelly Levasseur 603-622-7575 Manchester, NH Criminal Defense and Personal Injury Attorney
In New Hampshire, we cherish our privacy—it's part of living free in the Granite State. But with the explosion of smart home devices like Ring Video Doorbells, questions about secret audio recordings are more common than ever in my practice. Can a neighbor's camera legally capture your argument in their driveway? What if your own doorbell records a heated family discussion? A key 2020 Superior Court case sheds light on these issues, and as a criminal defense attorney, I've seen how these laws play out in real cases.
New Hampshire's Strict Wiretap Law: All-Parties Must Consent New Hampshire is one of the strictest states for audio recordings. Under RSA Chapter 570-A (our Wiretapping and Eavesdropping statute), it's generally illegal to record any oral conversation without the consent of all parties involved if there's a reasonable expectation of privacy.
- Oral Communication Protected: The law defines this as spoken words where the speaker reasonably expects they won't be "intercepted" (overheard or recorded via a device).
- No One-Party Consent: Unlike many states, you can't secretly record even if you're part of the conversation.
- Penalties: Violations can be misdemeanors or felonies, with jail time, fines, and civil lawsuits possible. Illegally obtained recordings are often excluded from court.
In State v. Timothy Burke (Strafford Superior Court, Docket No. 219-2019-CR-00781), a neighbor's Ring Doorbell captured a nighttime shooting incident in a Rochester driveway. The 35-second clip included audio of yelling and gunshots. The defendant argued the audio violated RSA 570-A and should be suppressed. But Judge Mark E. Howard ruled it admissible. Why? The individuals had no reasonable expectation of privacy. They were shouting loudly in a densely populated residential area—witnesses inside nearby homes heard the yelling and shots with their naked ears. The court held: If words are audible to the public without a device, they're not "oral communication" under the law, so recording them isn't interception.
The Double-Edged Sword of Ring Cameras and Similar Devices:
These tools are invaluable for home security, but they carry risks: The Good:
If someone threatens you at your door (unaware of the camera), that recording can be powerful evidence for police reports, restraining orders, or criminal charges. In public-facing areas like driveways or porches, loud conversations often lack privacy expectations—similar to the Burke case.
The Risks for Homeowners:
If you forget the camera's always listening? A loud argument with a spouse, family member, or anyone on your doorstep could be captured. If it's loud enough for neighbors to hear naturally, it might be admissible in court (e.g., divorce, domestic violence, or harassment cases). Even if quieter, subpoenas can access cloud-stored footage. Practical Advice: Stay on the Right Side of the Law
- In Public or Semi-Public Areas: No strong privacy expectation for loud talks (streets, visible yards). But lower voices? Riskier.
- Private Spaces: Inside homes, secluded areas—always get consent.
- For Device Owners: Use signs warning of recording. Review app settings (e.g., privacy zones, audio off). Be mindful of what your own cam captures.
- When in Doubt: Get consent explicitly. "Do you mind if I record this?"
- If You're Recorded Illegally: You may have grounds for criminal charges or civil claims.
New Hampshire's wiretap law strikes a balance: It protects private conversations but allows recordings of public-conduct incidents, as illustrated in the Burke Ring camera case. These devices enhance safety but demand caution—especially for homeowners. If you're facing charges involving recordings, need to use one as evidence, or have privacy concerns, contact an experienced attorney. Laws are fact specific.
Joseph Kelly Levasseur, Esq.
(603) 622-7575
(603) 622-7575
Manchester, NH 03103
www.josephkellylevasseur.com This post is for informational purposes only and not legal advice. Consult a lawyer for your situation