California Private Investigator Practice Exam

Can you legally photograph someone who is visible through a chain-link fence on private property?

1. Yes, as they are visible to the outside

2. No, it is still an invasion of privacy

3. Only if you have permission

4. Only if the fence is not locked

The correct answer is: Yes, as they are visible to the outside

Photographing someone who is visible through a chain-link fence on private property can be legally permissible under specific circumstances. When someone is in a place where they are visible to the public, including through a chain-link fence, the expectation of privacy is significantly reduced. This generally means that if someone is engaging in behavior that is observable from an area that is accessible to the public, they cannot claim a reasonable expectation of privacy. In many jurisdictions, including California, the law recognizes that individuals cannot shield themselves from being observed in such a manner simply because they are on private property. Thus, if a person is visible through a chain-link fence, it is often considered legal to take their photograph since the act does not inherently constitute an invasion of privacy, provided that no other laws are being violated, such as trespassing. While it's important to consider context—such as the surrounding circumstances and local laws—this general principle supports the conclusion that photographing someone visible through a fence in this manner can often be acceptable.