A neighbor who lives 2 houses from me has a camera that is covering his yard, his daughters yard, and then my yard, and the neighbors yard that is next to mine. And it seems like he's purposely taping everyone else's house, not just his. The camera is barely on his property. Its staring right at my house! Just wondering if this is legal because I have 3 children all under the age of 5 years old and how do I know he is not putting these videos on the internet, and everyone who lives in this house is disgusted, and feels like their privacy is being invaded. From my house, you can clearly see that my window is probably being videotaped... I need legal advice! Please Help! We live in the state of NY, so who knows how those laws are about this... Thanks.:confused:

How are you sure that your yard and window are in the camera lense range?
Have they ever told you that your yard is included in their videos?

Different states have different laws but basically many states say it is okay to video
But no audio and they have to make the people aware they are videotaping.

Can you put up a privacy fence or other precautions that would prevent him from getting your place in his video if all else fails?


Added:

General Code: privacy from electronic imaging devices;peeping tom;video cameras;camera surveillance;voyeurism;codifiers;municipal codification;ordinance codification (http://www.generalcode.com/Samples/04Fall_1.html)

And

Stephanie's Law (http://www.notbored.org/stephanie.html)

Well the police are involved because on the 4th people did some things... can't go into much detail about that... and one suspect saw the camera and said my whole front yard and house were on the tape... and my window lines up directly straight on with the camera. I could put up a fence, sure, but I should not have to. And no, no one ever asked for our permission to be taped. And I heard about no audio would be allowed... just didn't know if it were true. Would this tape hold up in court anyone?

Having to put up a fence to receive privacy on your own property seems unjust. I would diffently check with the authorities on that. I would think that is illegal. There are other people on this site that will advise you better, Good Luck. If he has never notified you that he was including your property on the tapes, I think that is very wrong on his part.

I added two links (first reply) hope they help

There is no law against putting up a security camera that may cover a wider area. As long as the camera is covering the daughter's house, he's not doing anything illegal. It would, however, be illegal for him to publish those pictures without your permission.

Have you sat down and talked with the neighbor to express your concerns? If you haven't, why not? If I understand you from your second post, this just came to light this weekend when someone you know saw the view from the camera, is that correct?

But the only thing you can do is either put up a privacy fence or maybe a tree that would block the camera's view of your home.

You refer to a video tape, you need to describe this more, was an actual tape made that showed your house? Did it show anything illegal? Did it show anything but your house. What did the tape show in the foreground?

There are too many factors here, with not enough information to give you accurate advice. But I can tell you its not illegal for your property to be in the line of site of a security camera as long as its not the primary focus.

Thanks "nohelp4u" I read about Stephanie's Law also... And it really doesn't look like his daughters house is even in view of the camera. It shoots straight to my house. He could point the camera down, and then my house wouldn't be on the camera. How do I know he's not putting videos of my children on the internet? My kids play outside with only their diapers on. This just doesn't seem legal to me... DOES ANYONE KNOW IF THESE VIDEOS WOULD HOLD UP IN COURT? WITH OR WITHOUT AUDIO?

Again, Hold up in court for what? Do you have possession of these videos? Do you even know that the tapes exist? It seems to me you are being overly paranoid without enough proof.

By the way, I reviewed the links NoHelp gave and I don't believe they apply here. Unless the camera is being used to focus into a bedroom in your home, no laws have been broken.

If he is targeting filming your house solely directly without your permission then that seems like it should be a violation I would think. Targeting your house and nothing else would not be surveillance because it wouldn't show other angles that a predator/vandal/ or whatever could approach his house. So it would not be for surveillance purposes

Nooo, the neighbor with the camera gave the police the tape (I saw this) and my friend was questioned about what he did, and he viewed the tape as well. Im not worried about him, because if he did a crime, he should do the time. But now I'm concerned about my children. I do not have the tapes... why would he give me the tapes?

That's what I'm thinking nohelp4u. Maybe he is videotaping over towards my house just in case a person was to vandalize his home, I don't know. But there's no need for my house and my children to be on tape... or my next door neighbor and down the street!

If the police have the tapes and he doesn't seem like he is doing it for voyeur reasons and he isn't getting any one in intimate acts of any kind then it is pretty much up to the police to decide how to proceed. It seems odd that he would want to tape your house alone.

Yeah if his house is not in the tape and someone robs his house and he tries to claim it was that stranger walking down the street past your house and it doesn't show the perp actually on his property then it would be hearsay unless he also has other cameras filming his house.

Ok, so your friend allegedly committed a crime. That crime may have been caught by this camera. The neighbor viewed the recording and called the police giving them a copy of the recording to back up his charges.

That would seem to demonstrates proof that the camera is used for the purpose designed as a security surveillance. Again, it would appear that the fact that your house appears in the background is extraneous.

You also did not answer the question about whether you have expressed your concerns to this neighbor. Without your doing so, you have no clue what the issues are. He may not realize that this camera concerns you and if you express those concers, he may move or resight the camera.

Again, I think you are blowing this out of proportion without enough evidence or taking the appropriate actions.

I will say this, if your friend committed a crime, then the recording CAN be used as evidence against him.

Well the police are involved because on the 4th people did some things... can't go into much detail about that... and one suspect saw the camera and said my whole front yard and house were on the tape... and my window lines up directly straight on with the camera. I could put up a fence, sure, but I should not have to. And no, no one ever asked for our permission to be taped. And I heard about no audio would be allowed...just didn't know if it were true. Would this tape hold up in court anyone?



Well, if "some things" were going on at your house and he caught them on tape perhaps that was the purpose of his surveillance camera - ? What is/was your relationship with him and your other neighbors before all this started?

I don't understand the "no audio" would be allowed part - allowed where? Allowed in Court?

I would say what he is doing is perfectly legal as long as he's not taping directly into a bedroom window. Stores are allowed to set up outside surveillance tapes and they often cover the properties/houses on both sides.

People answering questions here about disruptive neighbors very often post that surveillance cameras should be set up - and the various State laws have been quoted. Search back through those topics. I've already posted that I videotaped a neighbor's kid teasing and tormenting (and actually injuring) my dogs through my fence. The Police accepted the video and the parents were warned and the problem was solved.

And if the purpose of the camera was to get some evidence on tape - and it appears that the neighbor did just that - I think the Police will be on his side and he very well could have set up the system on their (or your neighbor's Attorney's) advice.

then it is pretty much up to the police to decide how to proceed.

The police are not going to do anything about the OP's concerns. That is not the case they are reviewing. Apparently the neighbor made a complaint against the OP's friend, and offered the recording as evidence. The police will deal with the recording only as far as that case is concerned.


Yeah if his house is not in the tape and someone robs his house and he tries to claim it was that stranger walking down the street past your house and it doesn't show the perp actually on his property then it would be hearsay unless he also has other cameras filming his house.

True, if the recording does not offer conclusive proof of a crime, then the complaint will be dismissed. However, there are ways the recording could show proof without showing the neighbor's property.

But that's a moot issue. The OP's question is whether the sighting of the camera violates his rights. Its my opinion, based on what we've heard, that it doesn't.

Well I read about stephanies law, and it broke it down and choice 4 said it is a violation if the person with the camera is using it to violate our privacy, or profit, or for entertainment. How do I know that he's not doing it for these reasons?

The police are not going to do anything about the OP's concerns. That is not the case they are reviewing. Apparently the neighbor made a complaint against the OP's friend, and offered the recording as evidence. The police will deal witht he recording only as far as that case is concerned.

Basically what I meant. They will not do anything about her concerns BUT if they see something in the video that causes them to question his motives they can decide if they will or can do something.

Thanks everyone... not the answers I wanted, but sad but true, I think your right! And I won't talk to the neighbor, not at all. He has always called the police when we had a bonfire, our TV was loud, our kids cried, he's one of those crappy neighbors that no one wants! :)

The police won't punish a knark.

Thanks everyone... not the answers I wanted, but sad but true, i think your right! And I wont talk to the neighbor, not at all. He has always called the police when we had a bonfire, our tv was loud, our kids cried, hes one of those crappy neighbors that no one wants! :)

Okay that may be his angle he may want to be trying to find enough reason to call Child protective services or the police to get you in trouble. Which in that case he can get away with taping

Maybe he thinks if he has enough tape of you he can prove in court that you are a nuisance neighbor.

the police wont punish a knark.


What is a "knark"? Do you mean a narc? He's a narcotics officer? I think this is one of those threads where the original post does not tell the whole story and the story comes out as the thread progresses.

Well, that explains the "something illegal" going on at your house and why he's videotaping.

No no no, I'm sure its because he wants his house looked after, but I think he pushes that and is becoming nosey. We do nothing wrong in my household, I assure you everyone here are great parents. Lol. This is going too far. And I told the whole story thanks. And a knark is like a snitch, a tattle tale if you will. And on the 4th some friends went too far, got too drunk, etc... its not an everyday thing.

How would they prove that he's not using the tapes as child porn, or something like that? That is all that I'm worried about!

Ok, so you have a history with this neighbor where he's made nuisance complaints before. That is pertinent info you should have related previously. I agree with Judy, this appears to be one of those situations where the more we draw the facts out the more different the story becomes. That's what I was referring to earlier in that we don't have enough facts to give accurate advice.

Unfortunately, most laws are meant to hopefully deter people from breaking them by proscribing punishment if they are caught. Laws seldom actually prevent crime other than by deterring non criminals.

So, unless you have proof that your neighbor has videotaped your children and is using those tapes for prurient or financial reward, there is nothing you can do. If you live in a small town, you can talk to the police, express your concerns and they may have a talk with the neighbor and ask him to move the camera. They have no power to force the move unless they have proff a crime has already been committed.

If your children are clothed and not doing anything sexual then I doubt he would be using it for that reason.
Possible but...

I get it, but I don't feel comfortable someone knowing when I come and go, and every move we make. There are 3 apartments in this house, so I think that if we all pushed the issue then maybe we could get the camera down... good lawyer maybe?

No no no, im sure its because he wants his house looked after, but i think he pushes that and is becoming nosey. We do nothing wrong in my household, I assure you everyone here are great parents. lol. this is going too far. and i told the whole story thanks. And a knark is like a snitch, a tattle tale if u will. And on the 4th some friends went too far, got too drunk, etc... its not an everyday thing.


You posted "something illegal" happened - having too much to drink at a private residence is not illegal.

Again - I don't think the whole story is being posted. (Or maybe I've been in this business too long.)

Now you say it is a three apartment building how do you know he isn't trying to get one of your neighbors in some drug deals?

Because none of us do drugs lol. We live in a good neighborhood, and trust me that he's just a nosey crappy neighbor!he put up cameras when our whole road got our cars vandalized... that's what a good source told me. I just noticed the camera... And judy, this guy was drunk and did something illegal, I never said that drinking was illegal. I said they drank too much and went too far. Lol. I don't think you are in this... read everything.

Ok, so you live in a triplex, while he lives in a single family? That sort of removes the fence or tree possibility.

I still think you are being paranoid. I doubt if he's tracking your comings and goings. He seems to have had a valid reason for installing the camera (the vandalism). I doubt if he keeps the recordings for any length of time. So I doubt, even if all three of your got together, you would have a case.

What you might do is put reflective film on the window. This will let light in but be opaque to the camera. If its reflexive enough, it could cause a problem with what the camera sees and cause him to resight the camera.

Because none of us do drugs lol. we live in a good neighborhood, and trust me that hes just a nosey crappy neighbor!he put up cameras when our whole road got our cars vandalized... thats what a good source told me. I just noticed the camera... And judy, this guy was drunk and did somethign illegal, i never said that drinking was illegal. I said they drank too much and went too far. lol. I dont think you are in this... read everything.



Oh, but I DO think I'm "in this" - I'm an investigator. That's what I do - I determine if what I am told is the whole story, part of the story, selected parts of the story.

Bottom line - somebody did something illegal at your place of residence; it was caught on videotape; the Police are involved - one of your original concerns was whether the tape was admissible in Court and whether an audio tape is admissible in Court.

Now that you've gotten some answers your focus is more on whether he's taping your children for purposes of child porn. I have no idea what illegal activity went on - were your children at your home at the time? Then I'd begin to worry more about CPS and less about the videotaping.

So follow Scott's advice and "film over" your windows. Or talk to your neighbor and express your child porn concerns. Or, for that matter, go to the Police and make a complaint (although I don't think that's in your best interest right now and could very well seriously backfire). Or hire an Attorney who will send an investigator (maybe me, I'm also in NYS) to your neighborhood to take some statements and see whether the taping is justified.

Yes, I do think I'm "in this."

Okay I'm sorry judy I'm just stressed out. Maybe we do need to hire someone... I guess I should in a way be happy that if anyone vandalizes me, it would be on tape but I doubt he would show the police that. Maybe I should re-post my questions and concerns and tell the whole entire story but I didn't think it was necessary to say the crime and all that... thanks though!

Scott- I guess I am paranoid, but even if he's not purposely taping our comings and goings, he still is! Ya know what I mean? Every time we leave or come home its on tape. Whether it isn't meant to be or not...

First, if any crime is committed, police will ask for, and subpeona, if necessary, the records of ANY surveillance cameras that might have caught any part of the crime. So, he would not have a choice.

Your comings and goings are probably monitored a dozen times a day without your knowledge or thinking about it. For example; if you use a cell phone, its likely your approximate location thourghout the call can be traced.

Unless you have specific evidence you are being targetd I would just forget about it, execpt to get curtains or drapes or tinting.