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[Grandma]

I was told that taping the audio of someone outside was against the law,
he said it was invasion of privacy!
I had signs made that says audio and video surveillance and they said that
was still against the law!

Help I called my DA's office and they said it would be up to the judge if I
was caught and prosecuted.  Live in Illinois

Does anyone know what I can do??

I have a bad neighbor and he cusses a lot and he also yells at my dog, so I
was taping him with all his words, now I don't know if I need to destroy what
I have on him or not!

Thanks for any help you can give me or names of someone I can call or e-mail
about this!!!!

[Brian H]

Here is a link to some information I have found. Maybe it can give you some information.
http://www.a1-hiddencamera.com/Article_AudioRecordingLaws.html

[Grandma]

thank you I will go read it

[HA Dave]

.......... Does anyone know what I can do??

Yes!

My Dad was a twenty some year police professional. He often spoke of people going to jail [or prison] because they had listened to what Dad called "pool hall lawyers". A pool hall lawyer is anyone that has no degree in law... and yet plenty enough leisure time to advise you in legal matters. Generally speaking.... they charge no fee's..... and are worth every cent.

If you check your yellow pages... from the book or on line. You should be able to find a real lawyer. They do charge fee's... but then again judges and police also charge fee's as well as fines.

I love my neighbors.... although I had a minor tiff with one of them once (I still feel bad about that). I have no idea why you are video taping your neighbor... but it would be my guess...  that won't make the two of you best of friends. I think you already know that spying on your neighbor.... just didn't feel right. Maybe your spiritual adviser could advise you on how to improve your relationship with the neighbor.

[pconroy]

Live in Illinois

According to that link - IL is one of the few two-party aware states.
I live in a one-party aware state.

But what I find puzzling is that I would have expected outside conversations to be considered taking place in a Public Venue.

If he's standing in his yard and yelling loud enough for it to cross the property line, well - seems to me that's public.


What I believe you can do is (a) have a witness and (b) write down exactly what he said in a journal.
Keep it accurate, date/time - your best recollection.


Good luck - sorry you have such a crummy neighbor!   

[Grandma]

Well I will tell you why I am, He has been looking in my window and he told me so!
I went to talk with him about my husband that was diagnosed with dementia and he
was telling me he could see me in my window at night working at my desk in my LR.
Well that spooked me because the way my yard is and his he would have to be on
my property to see in and I also had the police come and they came up with the same
thing!  So I put up cameras to watch that side of my yard and the front of my yard, he
also got mad because when I moved in 9 mths ago I put up a 5 ft privacy fence for my
grandkids and my dogs!  Well 2 weeks after the camera went up he went into a fit as I
call it one Sat night cussing like a sailor calling me and my family all kinds of names
and I have my hubby, me with lupus and my daughter that has cerebral Palsy 36 yrs
my mother 76 yrs old and had 3 strokes and just had come home from the hosp from
3rd one so he said he was going to shoot the camera and my outside lights I had put
up so if he came on the side of the yard they would go on.  I called the police and
he got ugly with them wouldn't give them his info like name etc. The got him on
disorderly conduct!

So now if you were me what would you do knowing you are really alone in your home and
try to protect and see to it you are able to go into your yard and not be bothered, and
not wanting someone coming up to windows at night??

I am in touch with my pastor about this and he also would like to talk with him but I
don't really think it is going to do any good, he is the type that thinks he owns the
neighborhood and I didn't let him bully me right away about my fence, so he then
tried to attimidate me and it didn't work!

Well what would you do in my position?

[Grandma]

Thank you pconroy read my next post I tell the whole story!

[dave w]

Well what would you do in my position?

You live next to a jerk who loves being a jerk. I used to live next to similar.

I suppose sitting on your back step carefully disassembling, cleaning, and reassembling your shotgun several times, is not an option, but that is something he would understand.

[HA Dave]

.... Well what would you do in my position?

I don't know. I am sorry your in the position your in. I know that being at odds with a neighbor is an awful way to live. NEVER have I heard of these things working out well.
If you have video of that person looking in your window... with audio or not... I am sure your family lawyer will take that video to a prosecutor. But in your original post... I got the impression.... that wasn't the case.

I have a bad neighbor and he cusses a lot and he also yells at my dog, so I was taping him with all his words, now I don't know if I need to destroy what I have on him or not!

My neighbors have been over to my home.... and viewed my security cameras. They know where my cameras point. I talk to my neighbors... and I know how they feel about fences. I know two of the neighbors on my street recently got they're feelings hurt by new privacy fences. I know how tree removal or shrub planting can change the "feel" of their space. I know when I had an old (sick) tree removed... a neighbor related to me how having the tree gone left him feeling exposed to street traffic. I immediately removed the stump and replaced the downed tree with a bed of shrubs and grasses to help preserve his feeling of privacy.

It not always easy to be a good neighbor. But it is very well worth it. I think maybe your pastor could be of help.

[Grandma]

Well what would you do in my position?

You live next to a jerk who loves being a jerk. I used to live next to similar.

I suppose sitting on your back step carefully disassembling, cleaning, and reassembling your shotgun several times, is not an option, but that is something he would understand.

Well I would have to buy a shotgun, HE HE no I have a gun but keep bullets locked up.
I have not go him on tape yet for looking in window but I sure will try to catch him, got a lot of nasty talking and the da's office said I could get into trouble with the audio part, so I have to start over and do it without audio and the sign I was told is not enough I will I guess have too tell him that I am taping what he is saying so that he and the tape picks me up telling him, then if he keeps saying things I can then use it like you have to do if you are recording a person on the phone.
Well I wish I could do something else because I don't like going on the same side of the yard he is at.
The privacy fence is 5 ft and he can see over it, one night I walked out the door and he was right up on it with his hands hanging and I screamed and he just laughed this was before I started taping him.
Nut he is a nut case!
Sorry but my pastor said this himself when I told him what this guy has done to me and the things he has said.

I just thought with this being a camera store and it had audio someone might know how I could do it and not get into trouble!!

Thanks

[HA Dave]

..... I will I guess have too tell him that I am taping what he is saying so that he and the tape picks me up telling him, then if he keeps saying things I can then use it like you have to do if you are recording a person on the phone.

I am NOT a lawyer or policeman... but that sounds to me like a HUGE mistake.
Also.... It has been my experience in life... if I've treated a person poorly.. that's how they treat me back. Spying on (and recording) a neighbor.. will not enrich your life.

I called my DA's office and they said it would be up to the judge if I was caught and prosecuted. 

When the District Attorney's Office tells someone: Your in violation of the law... the next stop is generally jail. Make sure your family has the name and [home] phone number of your lawyer. Also keep the name of a bail bondsmen handy as well... this could keep you from spending the night [or weekend] in jail.

.... I don't like going on the same side of the yard he is at.

Then don't. And don't point a camera at his yard ether. He has the right to be left alone.

I just thought with this being a camera store and it had audio someone might know how I could do it and not get into trouble!!

This IS NOT a camera store. This is a Community Forum. We are ordinary people that also use X10 products... we are customers like yourself. The use of cameras for security... along with other measures like alarms.. can add an extra level of protection. Camera monitoring can actually deter crime. There are very few laws that prevent the use of cameras for deterring crime.

The use of cameras for spying however.... has no useful purpose... and is full of legal complications.

[Knightrider]

Dave hits the nail on the head when he says "deter crime".  Keep in mind that after a crime has been committed, the fact that it's on film, doesn't take the crime back.  Also keep in mind that it doesn't prevent crime either.

Got a peeping tom?  Pull down the shade.

Good fences make good neighbors.

[beelocks]

If looking and shouting were illegal, almost everyone who watches sport on TV would be locked up. 

It is worrying if he is actually approaching your home and peering in through windows, but that's what curtains are for. Trespass is illegal, and he appears to have been warned on that count.

Yes, you need to protect yourself if there is a real threat of harm or danger - polishing your newly acquired shotgun on your back step is not protecting yourself, but can be seen as threatening behavior toward your neighbor - this is something else that can get YOU into trouble with the law.

The main thing to remember is that FREE ADVICE on an INTERNET FORUM is only worth the PAPER IT'S WRITTEN ON. Of course, that includes these very words. 

My free advice is to use the services that you've already paid for in your property taxes. The police will help as far as they can, ask the what they suggest; they will (hopefully) not advise you to break any laws in your area.

If you are absolutely convinced that this guy is trespassing on your property, you can pay your lawyer to write him a 'cease and desist' letter - as has already been mentioned a few times (that Dave guy knows what he's talking about) winding up your neighbor might well make things worse rather than better.

By all means put a standard 'still' camera by the window that this guy is looking in, possibly the simple sight of possible photographic evidence of trespass will act as a deterrent - you don't even need film in the camera.

Or you could just bake the guy a cake and drop it round to him in daylight. Tell him that if he wants to chat he's welcome to phone and arrange to come to visit (have a friend there at the same time if you're worried). You'd be better off trying to make a friend of him instead of pissing him off.

That has to be at least 4 cents worth

[Grandma]

..... I will I guess have too tell him that I am taping what he is saying so that he and the tape picks me up telling him, then if he keeps saying things I can then use it like you have to do if you are recording a person on the phone.

I am NOT a lawyer or policeman... but that sounds to me like a HUGE mistake.
Also.... It has been my experience in life... if I've treated a person poorly.. that's how they treat me back. Spying on (and recording) a neighbor.. will not enrich your life.

I called my DA's office and they said it would be up to the judge if I was caught and prosecuted. 

When the District Attorney's Office tells someone: Your in violation of the law... the next stop is generally jail. Make sure your family has the name and [home] phone number of your lawyer. Also keep the name of a bail bondsmen handy as well... this could keep you from spending the night [or weekend] in jail.

.... I don't like going on the same side of the yard he is at.

Then don't. And don't point a camera at his yard ether. He has the right to be left alone.

I just thought with this being a camera store and it had audio someone might know how I could do it and not get into trouble!!

This IS NOT a camera store. This is a Community Forum. We are ordinary people that also use X10 products... we are customers like yourself. The use of cameras for security... along with other measures like alarms.. can add an extra level of protection. Camera monitoring can actually deter crime. There are very few laws that prevent the use of cameras for deterring crime.
 The use of cameras for spying however.... has no useful purpose... and is full of legal complications.

DAVE
This man started out treating me and my family poorly, I got scared the night I saw him at the fence when I went out and he scared me, then I was talking with him about my husbands condition when he was telling me about seeing in my window. So I didn't start treating him poorly it was the other way around.

I did speak with the police before I put the camera up and they said I could for security reasons but it could not be aimed at a window, well his garage is the side it is up bedrooms are on the other side.  He also comes out and hollers so my dog will bark then laughs and keeps remarking to the dog making her continue to bark until I take her into the garage, she is a german shepard and very protective of us, he told her once he was going to get something for her to stop her!
So he has treated us poorly and now I am giving it back with the camera, I have turned audio off and took down signs in hope that will make him think I am not trying to be a B and he will stop some of his actions against us and the camera stays in one position and the front camera on my driveway shows from the trees between our yard to my font door. He would have to be at my garage to see this one.

Dave:  I am not worried about being arrested I have worked with the DA's office and they were being very nice when they told me this and just as a FYI to me. They said best if I didn't but that I could have a hand camera with me outside and if he started with us tell him he was being taped and it had audio if he wanted to continue. That is my next step so when we go out have it handy to grab.  They have been very nice trying to help me and so has the sheriffs office they all tell me to call if he does anything else, I could of told them to press charges asgainst him when he did what he did back in Sept screaming out dirty names and calling my DIL a damn mexican immigrant, making fun of my husband because he couldn't communicate with him, etc.  No I didn't because I knew it would be worse, so asked the officers to tell him if he
continued I would he has continued to call us names and I have heard it and me outside he now can't see on my deck we put up a small section of fence so when I go out at night he can't be standing looking over th e private fence and scare me and or watch when we are out their and us not see him.  So he invaded my privacy first now he doesn't like it I can see him all the time. 

I have to go on that side of the yard my fence gate is on that side and I also have a pond near that side and as I said above put up a section so he cant see me at night, we like being out during the summer and can't see but where the lights are the fence where he will stand has no light but thinking of putting up one on that area.

Dave don't you think we my family has the right to be left alone, now he knows my DH's condition, and he tried one day to get him over and told him he could ride his snow mobile things, if my husband had of and gotten hurt because he can't drive now and he also knows that what could of happened I heard him and I told DH do not get on that thing you could get killed or hurt bad, and then he could sue us if you tear it up don't know if DH knows any of what I said to him, but now
until they are put away for the winter I have to watch that my hubby does not go over there, it just might strike him one day to do it. 
So so much for leaving him alone what if my daughter with CP goes to that side and he says something to her and her inside the fence she is not allowed out front without me.  My mother that is 76 is he allowed to make inapproate to any of them and get away with it at least a camera will show him out their and now I will just have to keep a journal of what he says, and we are suppose to stay on one side of our yard best thing for us to do is stay inside and blinds always closed, this is the way I think you feel.  Don't point the camera at his property I leagelly can just no audio and with what he has done and said I will continue to do so.  Sorry you don't agree but it seems to have stopped him some, hoping it will continue.
Don't I deserve to be left alone.
Dave you really seem to be for this guy that I tryed to get to know when I moved here in march last year then he started with his commets some I have not even told here, then to becoming nasty cussing and saying he was going to shoot at my home yelling a my dog, etc.
Sorry I didn't mean to say this forum was a store (my error , bad commet on my part) but it being on a camera etc, website I thought someone could also know under what surcastances that audio could be used you seem to want to take what I say and pick it apart!

So have seen this is not a site for me to discuss this with anyone you just want to put me down instead of just chatting and maybe giveing your opinion. 

Thank you to the couple that did just nicely give your opioion! 
 

[HA Dave]

Dave don't you think we my family has the right to be left alone,

Yes! I most certainly do.

Dave you really seem to be for this guy

No. I am not for him... I am sure he is a jerk. As I said in an earlier post "I am sorry your in the position your in".

Sorry I didn't mean to say this forum was a store (my error , bad commet on my part) but it being on a camera etc, website I thought someone could also know under what surcastances that audio could be used you seem to want to take what I say and pick it apart!

Pick what you say apart? So now I am the bad guy? Never mind... I am sorry. I try to read every word in these posts. I often look for "clues" so as to help figure out what a problem or solution might be. I bet it did read like I was picking what you said apart. Again.. I am sorry.

So have seen this is not a site for me to discuss this with anyone you just want to put me down instead of just chatting and maybe giveing your opinion. 

This is a community forum. What we do here is offer support, encouragement, and we share our own experiences. What I have tried to point out... is that cameras really don't solve all of life's problems. And.. they can even create a few problems of their own. Ive tried to point out we [here at the forum] pretty much have excepted the limitations of security cameras. Your problems really seem to be outside the technological benefits of cameras.

But you post.... we read. We carefully consider what you write.. we have even felt your pain. And.. we reply.

I know it must be crappy to have a bad neighbor. I wish there was something I could say or do that would somehow be of some help. But there is nothing I can do to help you... and I am sorry.