Surveillance And Privacy Laws
Summary
Both your neighbors mounted camera with audio and your use of a phone to record threatening behavior are considered surveillance in California. Your neighbors actions may violate California Penal Code Section 632(a), which makes it illegal to record confidential communications without consent. Your recordings can be justified under self-defense. If someone was listening to a phone call without your husbands knowledge, it might be illegal under the same code. Consult a local attorney for specific advice.Full Conversation
Sacramento county. Tell me if one part is more surveillance than the other? My neighbor has a mounted camera directly facing our yard which includes audio, she frequently text my husband to complain that we're talking in our yard because she can hear it on her audio. She is breaking the federal eavesdropping law by recording conversations. We only use a camera on our cellphone when she does threatening things to us, it has never recorded her talking. Which is surveillance or are they both considered surveillance in regards to getting a restraining order.
Both actions can be considered surveillance in California:
*. Your neighbor's mounted camera with audio infringes on your privacy, potentially violating California Penal Code Section *(a).
*. Your use of a phone to record threatening behavior is also surveillance but can be justified under self-defense.
You should consult with a local attorney for detailed advice.
Define: California Penal Code Section *(a).
California Penal Code Section *(a) makes it illegal to record confidential communications without the consent of all parties involved. This includes direct conversations and telephone calls. Violations can lead to fines and imprisonment. It's recommended you consult with a local attorney for specific advice.
Is it illegal if my husband and her were talking on the phone and before they hung up she said someone was listening in on her side? She didn't tell him in the beginning.
Under California Penal Code Section *(a), it's unlawful to eavesdrop or record a confidential communication without all parties' consent. If someone was listening without your husband's knowledge or consent, it might be illegal. Please consult a local attorney for detailed advice.