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N0help4u · Jul 7, 2008, 07:16 AM

Originally Posted by zawatska

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.

JudyKayTee · Jul 7, 2008, 07:17 AM

Originally Posted by zawatska

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.

zawatska · Jul 7, 2008, 07:20 AM

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.

zawatska · Jul 7, 2008, 07:25 AM

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!

ScottGem · Jul 7, 2008, 07:28 AM

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.

N0help4u · Jul 7, 2008, 07:28 AM

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

zawatska · Jul 7, 2008, 07:33 AM

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?

JudyKayTee · Jul 7, 2008, 07:34 AM

Originally Posted by zawatska

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.)

N0help4u · Jul 7, 2008, 07:36 AM

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?

zawatska · Jul 7, 2008, 07:39 AM

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.

ScottGem · Jul 7, 2008, 07:41 AM

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.

JudyKayTee · Jul 7, 2008, 07:57 AM

Originally Posted by zawatska

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."

zawatska · Jul 7, 2008, 08:58 AM

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!

zawatska · Jul 7, 2008, 09:02 AM

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...

ScottGem · Jul 7, 2008, 10:11 AM

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.