Jump to content
PoorOwner

legal for camera to aim at street?

Recommended Posts

My house is on a corner lot. One side is Garage and driveway and the other side, street side, is long enough to park a few cars. most of my doors and windows also facing this side. My front yard lawn spans between the sidewalk and the house.

 

So I have my car parked on the side of my house.. technically you could say it is street in front of my house. I had my car window smashed in

broad day light. Now I am looking into installing multiple cameras.

Initially I only wanted cameras to monitor driveway and front door entrance, now I am also thinking of one to look at this sidewalk. Basically to look at the cars parked there.

 

I want to know if there are any legal issues with this? I would consider it to monitor my front yard activity too I have a few valuable trees planted there also.

Share this post


Link to post
Share on other sites

Public areas are legal for video recording. Unlike audio, which can is "always" considered private, video recording of public areas is ok. If you were aiming your camera into the back yard of your neighbor then it is not legal, but, if your are capturing a view and the neighbor's yard comes into the picture your are within your rights to record. Intent is a huge factor so make sure your intent is to protect your property and not view others. Apply common sense. Can you walk out to the front yard? Street? Yes, it's public. Can you walk into your neighbors yard? Front door? Look in the window? Nope!

Share this post


Link to post
Share on other sites

I will be in the same situation sometime this year hopefully. Does this apply to Canada as well?

Share this post


Link to post
Share on other sites

The general rule in the U.S. is that "the eyes cannot trespass".

 

Very good post by VST_Man,

 

If I might expand a bit....

 

.....you can look out your window, or stand in your front yard and look around.. so, you can point a camera from your property and view them via a camera just as you could use your own eyes.

 

In the U.S. one does not have the same "reasonable expectation to privacy" from being seen while out in public, or from the view of the public through open windows.

 

Various "peeping tom" and "video voyeurism" laws address intent as well as expectation of privacy.

 

While a person has no right to expect that someone will not look in thier uncovered windows as they walk down the sidewalk, when a person physically enteres the private property of another in order to look through the winows, it may fall under various "peeping tom" statutes.

 

Video recording of people walking down the sidewalk is one thing. However, a lady as a reasonable expectation of privacy beneath her skirt. If soeone toes a camera hidden in a gym bag under her skirt to catch a panty shot without that ladies permission, then they may be in violation of various "video voyeurism" statutes.

 

Even inside your own home, you may be limited as to your ability to record video of people without thier knowledge or consent. If it is part of your security system, and you post warnings/notices on entry doors etc. then this protects you. It is also a whole other matter to secretly record your housekeeper stealing from you as opposed to secretly taping a roommate undressing, or your girlfriend while you have "intimate relations". Again.. much of this hinges on the the subject's expectation of privacy, as well as on the person's intent in making the video recording.

 

Laws on this vary from state to state, and even from Federal Court District to Fed. Court District. Different states have differnet state laws. And the various Federal Judicial Districts each have somewhat varrying interpretations of the law and of case law.

 

As very well noted above... audio is a whole other matter. Other people's conversations should be considered private and protected by default. However, there are many expceptions to this.

 

It might be a good idea to consult with a private attorney, or perhaps contact your local prosecutor's office to ask them. Prosecutors cannot give private legal advice, but they may be able to advise you on whether or not certain things are illagal, or not.

 

HTH

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×