Yes, a process server can generally take pictures of your house, but their actions are limited to specific circumstances related to their duties.
Reasons a Process Server Might Take Photos
Process servers are often required to document their attempts to deliver legal documents. This documentation frequently includes photographic evidence, which serves to support their affidavits of service. Common reasons for a process server to take pictures of your house include:
- Proof of Occupancy: To show that a property appears lived-in, especially when attempting to serve someone who resides there.
- Proof of Vacancy: Conversely, to demonstrate that a property is empty or abandoned, which helps explain why service could not be completed at that location.
- Verifying the Address: To confirm they are at the correct location for service.
- Documenting Service Attempts: To provide evidence that a legitimate attempt at service was made, even if no one answered the door. This might involve photographing the property's entrance or house number.
Where They Can Photograph From
A process server is permitted to come onto a person's property for the purpose of attempting service, provided they do not "breach the peace." This means they can typically take pictures from areas of your property that are accessible or where they are permitted to be during their service attempt.
They are even allowed to photograph through open windows if it's necessary to show whether a property is occupied or vacant, as this directly relates to their duty of serving legal documents.
What Process Servers Cannot Do
While process servers have certain permissions, they are strictly prohibited from violating your rights or engaging in unlawful conduct. Their boundaries include:
- Breaching the Peace: They cannot use aggressive tactics, make threats, or engage in behavior that disturbs the public order.
- Crossing Closed Gates: They are not allowed to force open, climb over, or jump across closed or locked gates.
- Forcing Open Doors: They cannot force their way into your home or force open any doors.
- Unwarranted Trespassing: While they can be on your property for service, they cannot linger or wander aimlessly. Their presence must be directly related to their official duty.
- Harassment: Repeated, unwarranted attempts at service or intrusive photography that amounts to harassment is illegal and impermissible.
All actions taken by a process server must be professional, respectful, and strictly within the bounds of the law, focusing solely on the completion of the service of process. For more general information on the role and legality of process servers, you can refer to resources such as the National Association of Professional Process Servers (NAPPS).
