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zawatska · Jul 7, 2008, 06:29 AM

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:

N0help4u · Jul 7, 2008, 06:34 AM

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

And

Stephanie's Law

zawatska · Jul 7, 2008, 06:38 AM

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?

MsMewiththat · Jul 7, 2008, 06:38 AM

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.

N0help4u · Jul 7, 2008, 06:40 AM

I added two links (first reply) hope they help

ScottGem · Jul 7, 2008, 06:41 AM

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.

zawatska · Jul 7, 2008, 06:48 AM

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?

ScottGem · Jul 7, 2008, 06:51 AM

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.

N0help4u · Jul 7, 2008, 06:54 AM

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

zawatska · Jul 7, 2008, 06:54 AM

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?

zawatska · Jul 7, 2008, 06:56 AM

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!

N0help4u · Jul 7, 2008, 06:57 AM

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.

N0help4u · Jul 7, 2008, 06:59 AM

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.

ScottGem · Jul 7, 2008, 07:00 AM

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.

JudyKayTee · Jul 7, 2008, 07:07 AM

Originally Posted by zawatska

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.

ScottGem · Jul 7, 2008, 07:07 AM

Originally Posted by N0help4u

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.

Originally Posted by N0help4u

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.

zawatska · Jul 7, 2008, 07:08 AM

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?

N0help4u · Jul 7, 2008, 07:10 AM

Originally Posted by ScottGem

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.

zawatska · Jul 7, 2008, 07:12 AM

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! :)

zawatska · Jul 7, 2008, 07:13 AM

The police won't punish a knark.