Summary
Recording private areas without consent in California is generally illegal, even from your property. This can violate Penal Code Section 647(j), Invasion of Privacy Act (CIPA), and Civil Code 1708.8. Despite what local authorities or your lawyer may have said, always respect privacy rights. The concept of reasonable expectation of privacy means that even if you can see into your neighbors yard, it doesnt make it public. Given your mediation agreement, your neighbors actions may violate it. Consult your lawyer or mediator for guidance.Full Conversation
The sheriff told me that anything bi can see from my property is legal to record because bits public domain. Which way is it?
As an expert in legal information, here's what I can tell you:
- Despite what the Sheriff said, California law generally prohibits recording private areas without consent, even from your own property.
- This can potentially violate Penal Code Section *(j), Invasion of Privacy Act (CIPA), and Civil Code *.*.
- Always consult a lawyer for your specific situation to avoid legal issues.
My lawyer told me it was legal to record anything from my property too.
It seems there's some confusion. While public spaces can generally be recorded, recording private areas, such as your neighbor's yard, can potentially infringe on privacy rights. This applies even if you're on your property. Please discuss with your lawyer again for clarity.
I live in a * story house, she is in a * story house. She has less expectation big privacy because she knowingly purchased a house next to a * story.
Even though your house is taller, it doesn't negate your neighbor's right to privacy. California's laws generally protect the privacy of individuals even in their backyards. Continue to seek legal advice to understand these complexities.
How can it be considered a private area if I can see it publicly?
The concept of "reasonable expectation of privacy" in law can be complex. Even if you can see into your neighbor's yard, this does not necessarily make it public. They still have a legal expectation of privacy, especially in intimate areas like a pool or patio.
Then why have you told me previously that if I record her with my cellphone, stalking our shared fence line from my property, that was in public view and legal to do?
The legality of recording depends on the context. If she is on your property or it involves suspicious activity affecting your property, it may be seen differently. Consult your lawyer for specific advice based on your situation.
This is what happened: her dogs bark for hours and I reported her to animal control. She went nuts and started stalking our shared fence line doing things to antagonize us, like shining lights at our house, facing her radio at our master bedroom, threatening my daughter with her fist. The sheriff said we could take video from our property to record this.
Given this situation, it might be considered reasonable to record behavior that's threatening. However, recording private areas without consent may still infringe on privacy rights. It's essential to balance your safety and their privacy rights. Consult your lawyer for specific advice.
We went to court to try to get a restraining order and we were made to do mediation. One of the things we agreed to was not to physically record each other or use audio recording without consent. Right after this she mounted a camera to her pergola ceiling facing our pool. She also monitors our talking and complains about talking too much.
Given the mediation agreement, her actions may violate it. Inform your lawyer or mediator about this. They can provide guidance based on the specifics of your agreement and local laws. Reach out to your local court if you feel the mediation agreement is being breached.
TRY ME!
Ask Your Question For Free